Bilkis Bano, the victim of gang rape during the 2002 Gujarat riots, has approached the Supreme Court against the state government's decision of premature release of 11 men sentenced to life term in "one of the most gruesome crimes of extreme inhuman violence and brutality, persuaded by hate towards a particular community."
She also filed a separate plea seeking review of May 13, 2022 decision of the Supreme Court, which allowed the Gujarat government to take a decision on August 10 on remission of the sentence of the convicts.
"The en masse premature release of the convicts has shaken conscience of the society and resulted in a number of agitations across the country. This court has already declared that en masse remissions are not permissible and that remission cannot be sought or granted as a matter of right of the convict," her plea said.
Her plea stated when the nation was celebrating 76th independence day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were distributed. This is how the present petitioner, along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts of one of the most gruesome crime this country, she said.
"The premature release of all the convicts came as a shock not only to the petitioner, to her grown up daughters, to her family, but also to the society at large, nationally and internationally, and the society across segments had shown their anger, disappointment, distrust and protest to the clemency. Agitations and public protest were carried out virtually in each city of the country and the order of premature release was heavily criticized very vocally on all social media platforms and news platforms," she added.
Her plea said she has been extremely hurt, disturbed and full of dejection with the early release and sudden and traumatising presence and existence of 11 of her rapists who brutally gang raped her while she was five months pregnant and inflicted on her person and soul extreme level of violence and brutality, mercilessly murdered her 3.5-year-old daughter (her first child), completely destroyed her entire familial network of support system of close relatives and female folks around her, brutally gang raped and killed her mother and cousin sister, her two minor sisters, her two minor brothers - Total eight minors and several other close relatives.
She also said she was completely shattered with the early release of all the convicts and could not regroup herself to be able to take a decision to challenge their release the earliest, more so when there was not even a piece of information of the basis or the grounds on which they were collectively granted such clemency.
Advocate Shobha Gupta, representing Bano, mentioned the matter before a bench presided over by Chief Justice D Y Chandrachud and sought open court hearing. The Chief Justice said only the court can decide that, and added that he will decide on the listing after looking into the matter on Wednesday evening.
In May this year, the apex court had ruled that the Gujarat government can consider the remission request as the offence took place in Gujarat. Based on this ruling, the Gujarat government decided to release all 11 convicts.
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