This specific case of bilkis yakub rasool vs union of indiaconcerns a Muslim girl named bilkis bano. While trying to flee with her family, she was abducted. At the time of the rape, she was five months pregnant. In addition to raping her, the mob slaughtered nearly every member of her family. The nation was outraged by this incident. Eleven of them received life sentences after being convicted guilty of this crime. The District Judge gave his approval to the decision. Justices of the Supreme Court KM Joseph and BV Nagarathna made up the bench. Their offenses are so horrible that the courts must punish them severely.
A few years later, in 2022, the new facility provided inmates with “special assistance.” This is a significant portion of the “Azadi Ka Mahotsav,” a festival commemorating 75 years of independence. 11 of the offenders were consequently freed after serving their 14-year terms. The decision made by the Gujarat government not only infuriated the victim, bilkis bano, but also sparked protests across the nation against the convicts’ choice. He filed a petition to stop their early release.
bilkis yakub rasool vs union of india Case Facts
- Bilkis Bano, a pregnant lady at the time, was gangraped by the prisoners during the 2002 Gujarat riots, and seven members of her family, including her three-year-old daughter, were cruelly slain.
- Twelve people, including six police officers and two medical professionals, were charged with gang rape, murder, and rioting while brandishing deadly weapons with the intent to harm.
- Following drawn-out legal proceedings, the Central Bureau of Investigation (CBI) looked into the issue.
- Bilkis Bano petitioned the Supreme Court in order to have her case transferred from the State of Gujarat to a neutral venue since she was receiving death threats. The Apex Court approved the transfer petition.
- The Trial Court (Mumbai) found the eleven defendants guilty in 2008 and sentenced them to life in prison for their crimes. One police officer was also found guilty of purposefully filing the wrong FIR.
- One of the prisoners, having served 14 years in prison, filed a criminal application with the Gujarat High Court, arguing that his appeal for early release according to section 433 of code of criminal procedure and Section 433A of Code of Criminal Procedure (the “CrPC”) had not been taken into consideration. The Court noted that as the matter had been heard in the State of Maharashtra, the State of Maharashtra would be the “appropriate government” for the purposes of Section 432 of Code of Criminal Procedure and section 433 of code of criminal procedure, in accordance with Section 432 (7). The Gujarat High Court’s Special CBI Court then denied the application. The remaining prisoners had also submitted applications for clemency.
- The convicted party filed a writ petition with the Supreme Court, requesting that the State of Gujarat grant his request for an early release in accordance with its policy dated 09-07-1992, which was in effect at the time of the offence and the conviction. Therein, the Court observed that the policy in effect on the conviction date was in accordance with the State of Gujarat’s resolution dated 09-07-1992. Therefore, the prisoner would be subject to the same.
- All 11 of the convicted were released in August 2022 when the Gujarat government, with consent from the Secretary of the Ministry of Home Affairs and the Government of India, granted remission. This ruling has sparked controversy and legal challenges because of doubts regarding the jurisdiction and authority that oversaw the remissions.
- In a writ petition filed on November 30, 2022, Bilkis Bano contests Gujarat’s decision to remit.
bilkis yakub rasool vs union of india: Initial Investigation of the Case
- There were grave errors and an obvious cover-up in the first inquiry into the horrible crime of Bilkis Bano. In spite of the seriousness of the offense, the authorities did not carry out a complete and appropriate investigation. Regretfully, there was a delay of several days in Bano’s medical examination, which is a significant part of gathering evidence and led to the loss of important forensic data.
- To make matters worse, the police first declined to file a First Information Report (FIR), which is an essential first step in criminal investigations. When they did comply, the FIR was noticeably devoid of important information about the occurrence. In addition to impeding the pursuit of justice, this failure to immediately and precisely document the crime also revealed a concerning pattern of attempts to obfuscate and distort the case’s facts.
bilkis yakub rasool vs union of india Issues
- Does the Gujarat High Court have the right and power to make a ruling of this kind?
- Is the rationale behind the exemption and discount accurate?
- Before releasing them, did the judges of the Gujarat High Court take into account the gravity of their offense?
- When releasing convicted killers, did the Gujarat government follow the same rules as in other murder cases?
Contentions by the Parties
Petitioner:
- The petitioner’s attorney, Shobha Gupta, claimed that the crimes the defendants committed were premeditated and constituted a criminal conspiracy to murder and rape the victim’s family.
- The prisoners showed their ruthlessness and savagery as they pursued the victims non-stop.
- The petitioner emphasized the horrible crimes, such as the group rape of a five-month pregnant woman, which left her unconscious. In addition to raping other women in the household, the prisoners killed the victim’s first child by hitting her with a rock.
- They then murdered the victim’s mother, four younger siblings, aunts, uncles, cousins, and aunts in a way that made them impossible to identify. The petitioner argued against clemency, stressing the severity of the offense and requesting that the court take this into account when rendering its decision.
Respondent:
- In their appeal, the defendants in this case contested the claim that the woman had been gang-raped, arguing instead that she had given birth to a child after the assault.
- They further contended that the CBI’s evidence was falsified, casting doubt on the absence of evidence supporting the victim’s family members’ purported killings because their remains were never found.
- The defendants disputed the veracity of the evidence used against them and insisted on their innocence.
bilkis yakub rasool vs union of india: Observation by the Court
- The Court noted that punishment should be meted out for the purposes of prevention and reformation rather than retaliation. In his book, Plato argues that the legislator should, to the extent possible, follow the example of the physician, who administers medication not just to relieve pain but also to promote the patient’s well-being.
- According to this therapeutic view of punishment, a penalty is similar to medication given to the target of the criticism.
- If a criminal may be cured, he should be improved via education and other appropriate arts, after which he should be released from prison to become a better citizen and a less burden on the government. The foundation of the remission policy is this premise.
- The Court additionally added Whatever rank she may hold in society, whatever religion she practices, or whatever creed she may adhere to, a woman deserves respect. Can horrible crimes committed against women be forgiven? These are the problems that come up.
bilkis yakub rasool vs union of india Judgment
Ultimately, in January 2024, the Gujarat government’s incapacity was acknowledged by the Supreme Court, which overturned the High Court’s ruling allowing the early release of Bilkis Bano’s rapists. A court bench consisting of Justices B V Nagarathna and Ujjal Bhuyan upheld the plea objecting to the eleven convicts in the Bilkis Bano case being released too soon. The Supreme Court gave the guilty two weeks to turn themselves up, which was a significant turning point in the protracted pursuit of justice.
In certain regions of the nation, there are notable civil rights and crimes against women cases like this one every day. The Supreme Court condemned the amnesty after these perpetrators were freed, citing the involvement of numerous journalists, activists, and politicians in the crime and the harm done to innocent people. Crimes like gang violence represent the breakdown of the rule of law and justice because they are a plague upon humanity. Women who commit acts of violence will not receive any compensation.
It is possible to state that the Bilkis Bano case contains a variety of aspects, mostly social and legal. After giving everything a serious examination, we must maintain our will to defend womens rights and amend any laws that impede the liberties of those citizens who do not deserve them.
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