‘What is this plea…’: SC refuses to entertain bail petition of Bilkis Bano’s rapists 

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The Indian Supreme Court on Friday (Jul 19) dismissed the bail plea filed by two of 11 convicts in the Bilkis Bano gangrape case. Radheyshyam Bhagwandas and Rajubhai Babulal, convicted of raping Bano and killing her family during the 2022 Gujarat riots, had moved the petition in the top court. 

However, the court and its single bench of Justice Sanjiv Khanna simply refused to entertain the plea stating it was not ‘maintainable’. 

“What is this plea… how is it even maintainable? Absolutely misconceived. How can we sit on appeal in PIL (public interest litigation),” declared Justice Sanjiv Khanna.

“There are two judgments. Earlier judgment (the May ruling) was considered in the second (the January verdict) under Article 32 (which gives every individual the right to move the Supreme Court for enforcement of fundamental rights). We are not sitting in appeal,” the court added. 

Notably, both convicts had moved to the SC in March, contending that its January 8 verdict cancelling remission of their sentence was “in the teeth” of a 2002 Constitution bench order. 

Who is Bilkis Bano?

Bilkis Bano was a resident of the western Indian state, who akin to numerous others, was attempting to flee the state during the 2002 Gujarat riots. She was only 21 years old and five months pregnant when she was gang-raped while attempting to escape from her village.

She was hiding in a field with several other family members and her three-year-old daughter on March 3, 2002, when they were attacked by a mob of 20-30 men with sickles, swords, and clubs. As many as 14 members of her family died in the attack, including her baby but Bano survived as she lost consciousness and her attackers left, believing she was dead.

Due to the awful nature of the crime and the indignation that ensued, the SC ordered a CBI investigation, and 11 of Bilkis Bano’s assailants were convicted and sentenced to life imprisonment for the heinous act.

However, on Independence Day (August 15) in 2022, the Gujarat government, under its remission programme, released the 11 rapists. Their release triggered a wave of condemnation from the opposition, activists as well as the civil society. 

(With inputs from agencies)