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SC says it didn’t order for Bilkis convicts’ release

Opposition leaders across the country had slammed the BJP, ruling in Gujarat and at Centre, for the move. Trinamool Congress’s Mahua Moitra was among one of the petitioners who challenged the release….reports Asian Lite News

More than a week after 11 convicts – serving life term sentences in the Bilkis Bano gangrape case – were freed, the Supreme Court on Thursday heard the challenge against their release. Chief Justice NV Ramana had said on Tuesday that he would consider listing the matter.

During the hearing, the top court stressed: “We have to see whether there was an application of mind or not. This court didn’t order for their release but only asked the state to consider remission as per the policy.”

“Day in and day out, those who have served out their terms are granted remission as per the policy,” the court stressed, issuing notices to the central government and the Gujarat government on the petition challenging the remission. The court also directed for making 11 convicts as parties to the plea.

Bilkis Bano was escaping the violence during the 2002 Gujarat riots when she was gangraped. The convicts also murdered seven members of her family, including her three-year-old daughter. The release of the 11 convicts – who had served about 15 years of their jail term – on India’s Independence Day under the Gujarat government’s remission policy had triggered huge outrage.

Opposition leaders across the country had slammed the BJP, ruling in Gujarat and at Centre, for the move. Trinamool Congress’s Mahua Moitra was among one of the petitioners who challenged the release.

Not just the remission, but the subsequent felicitation of the convicts had sparked huge anger. Maharashtra deputy chief minister Devendra Fadnavis earlier this week had said the “felicitation could not be justified”. “There was no need to raise Bilkis Bano case here (in the House). The convicts have been released after completing nearly 14 years in jail. They were released following a Supreme Court order. But it is wrong if any accused is felicitated. An accused is an accused, and such acts cannot be justified,” he said. Recently, over 6,000 citizens – including prominent activists – had also written to the SC on the convicts walking out of jail.

Among other who objected was one of the judges who convicted the 11 men in 2009. “While the remission was legal, was it just?” retired justice Umesh Salvi said at an event earlier this week.

‘Justice for Bilkis Bano’ push from Rahul, Priyanka

Congress leaders Rahu Gandhi and Priyanka Gandhi Vadra demanded justice for Bilkis Bano. “Those who give hollow slogans like Beto Bachao are saving the rapists. Today the question is about the respect and entitlement of the women of the country,” Rahul Gandhi tweeted.

Questioning the silence of the BJP leaders on the release of the 11 convicts and their welcome thereafter at the VHP party office, Priyanka Gandhi said, “The women of the country still have hopes from the Constitution. The constitution also gives courage to the woman standing in the last row to fight for justice. Give justice to Bilkis Bano,” Priyanka Gandhi tweeted.

Fadnavis slams release

Maharashtra Deputy Chief Minister and Home Minister Devendra Fadnavis on Tuesday said that it was “wrong” and “unjustified” to felicitate convicted criminals, as in the 2002 Bilkis Bano case of Gujarat.

Referring to the welcome and garlanding of the accused in the 20-year-old rape case of Bilkis Bano, Fadnavis told the legislature that such acts are wrong and cannot be justifiable.

The reference came during a discussion on the recent gang-rape of a 35-year old woman for over three days in Bhandara district and Fadnavis said there was no need to raise the Bilkis Bano matter in the legislature.

The 11 convicts undergoing life sentences in the two decades old cases were set free on August 15, after spending 14 years in jail following an apex court order.

They were convicted in the Bilkis Bano gang-rape case and murder of her seven family members during the 2002 Gujarat riots.

Their release from Godhra Jail came as part of the Bharatiya Janata Party-ruled Gujarat government action under the 1992 remission policy allowing premature release of prisoners.

The state government faced flak over the release and more outrage after the convicts were welcomed with garlands following their release from the prison.

In January 2008, a special CBI court in Mumbai had found all the 11 accused guilty of gangrape and murders and sentenced them life in jail.

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