Gujarat: The premature release of the 11 men convicted for the gang rape of Bilkis Bano and killing of her family during the 2002 Gujarat riots, was opposed by a Special Judge and the prosecuting agency, the Central Bureau of Investigation. This was revealed today in the affidavit filed by the Gujarat government in the Supreme Court, which had asked the state for the entire records. The top court is hearing three petitions challenging the release of the men
The documents revealed that in March 2021, Special Judge Anand L Yawalkar wrote to the Superintendent of the Godhra sub-jail on the “common opinion on premature release (of the convicts)”, saying it would be the laws of Maharashtra and not Gujarat that would be applicable to the convicts, since the case was heard there.
“In this case all convicted accused were found guilty for rape and murder of innocent people. That the accused had no enmity or any relation with the victim. The crime was committed only on the ground that the victims belongs to a particular religion. In this case even minor children and pregnant woman were not spared. This is worst form of hate crime and crime against the humanity. It affects the conscious of society. Aggrieved of this crime is society at large (sic),” the judge further wrote.
When a case falls under multiple categories, the “highest imprisonment has to be considered”, he said.
The CBI said the crime committed by the accused was “heinous, grave and serious” and so the “accused cannot be released prematurely and no leniency can be given to him”.
The 11 men convicted for the gang rape of Bilkis Bano and the killing of her family were out of the jail for over a thousand days on parole while serving life sentences, showed a court document.
The convicts were prematurely released earlier this year after the Centre’s approval, the Gujarat government told the Supreme Court, even though the Central Bureau of Investigation and a special court had opposed their release for committing the “heinous” crime.
The home ministry’s clearance came on July 11, within two weeks of the state government seeking its approval, the documents showed. The men walked free on Independence Day, triggering a political storm with opposition barbs directed at the BJP government in Gujarat.
The CBI last year opposed their premature release stating that they committed an offence that was “heinous, grave and serious”, documents showed.
A special judge had also opposed the release, it showed, as he noted that “the crime was committed only on the ground that the victims belong to a particular religion. In this case, even minor children were not spared.”
