Explained: The Bilkis Bano story
The HinduThe story so far: As India celebrated the 75th anniversary of Independence on Monday, 11 men sentenced to life imprisonment for the gang rape of Bilkis Yakub Rasool and the murder of seven of her family members during the 2002 Gujarat riots were released from jail in Godhra. It ruled that after the conclusion of trial and passing of the judgment, all further proceedings have to be considered “in terms of the policy which is applicable in the State of Gujarat where the crime was committed and not the State where the trial stands transferred and concluded for exceptional reasons under the orders of this court.” The apex court also directed Gujarat to consider the application for premature release under the “policy dated 9th July, 1992 which was existing at the time of his conviction”. Before deciding on the remission plea, the appropriate authority “may” Application in the Bilkis Bano case The decision of the Gujarat government not only triggered public outrage over the release of rapists and murderers, but experts also pointed out inconsistencies in remission policies that enabled the convicts to walk out of jail. Defending the decision of the Gujarat government, Gujarat’s Additional Chief Secretary Raj Kumar said the guidelines did not apply in the Bilkis Bano case since the SC had directed the State to take into account the 1992 policy. He also told The Indian Express that the prisoners were granted remission after taking into consideration of their “age, nature of the crime, behaviour in prison.” Questions have also been raised on whether the Gujarat government moved to grant remission without consultation with the Centre, as required under Section 435 of the CrPC.