The judgment of the Supreme Court quashing the Gujarat government’s order prematurely releasing 11 persons sentenced to life imprisonment for gang-raping a five-month pregnant Bilkis Bano, and killing 14 members of her family, including her three-year-old daughter, in the 2002 Gujarat riots has come as a breath of fresh air. The verdict has kindled hope in many hearts. It assures us that all is not lost and that there are judges who not only swear by the Constitution but see to it that no injustice is done. The verdict ensures that those who violate the law of the land are suitably dealt with.
Bilkis Bano was living in the comfort of her home with her husband, and a child playing in the courtyard. Her world turned upside down on the day her body was repeatedly brutalised and 14 members of her family including a three-year-old daughter were killed in organised violence. But she rose from the ashes and fought a long-drawn battle in the courts, ultimately resulting in the conviction of the accused, and their being sentenced to life imprisonment. She thought that it was the end of her ordeal. But she was mistaken. In a rare order, the Gujarat government citing the good conduct of all the accused in jail, their age, and the fact that they had spent more than 14 years in prison released them prematurely. The truth was that even during their so-called incarceration, the convicts were out of jail for more than a thousand days on parole.
Ironically, it was on August 15, 2022, that they walked free from the prison. The Gujarat government, as well as the Centre, disregarded dissenting voices from the Central Bureau of Investigation (CBI), and the Special CBI judge while releasing the convicts. The CBI had opposed their release on the grounds that the offence was heinous, grave and serious, and that no leniency should be shown to them. The Special Judge, on the other hand, noted that “the crime was committed only on the ground that the victim belonged to a particular community.” As if their premature release was not enough, a former Gujarat minister and a six-time MLA from Godhra rubbed salt on the wounds of Bilkis Bano. He made an outrageous statement and reportedly said that the accused are Brahmins, and Brahmins are known to have good sanskaras. He added that it might have been someone’s ill intention to corner and punish them. God save the Brahmins from such sanskaras. In any case, now that there are orders for the accused to be imprisoned again, let us see if they follow their “sanskaras” and voluntarily surrender to the concerned authorities within two weeks.
On their release, the accused were seen not only enjoying their freedom, they were also given a hero’s welcome. Their hands were kissed, their feet were touched in reverence, and their bodies were covered with garlands. It was a day of the devil’s triumph. Nothing could be more vulgar. The government, which was expected to be more sympathetic, was an active participant in this degeneration of humanity.
The Supreme Court judgment has come at a time when it is most needed. Discontent is brewing among people over how some cases are prioritised over others. How is it that a citizen like Umar Khalid is languishing in jail for over two years awaiting the hearing of his bail application? If a special bench can be constituted, and made to sit on a Saturday in the matter of G N Saibaba, who is suffering from multiple diseases and is wheelchair-bound, to hear the State’s appeal against his discharge by the Bombay High Court, why can’t such steps be taken in the matters of other accused crying for justice? The memory of Stan Swamy’s death in prison, without receiving a hearing on his bail application, is still fresh in our minds. The Constitution has created an independent, fearless judiciary. It is time that it proves equal to the challenges, and no one feels left out or discriminated at the hands of the judiciary.
Against this background, the Supreme Court’s judgment holding the premature release of Bilkis Bano’s tormentors as illegal, and ordering them to be deprived of their unwelcome and undeserved liberty will go a long way in restoring the confidence of the people in the judiciary as a whole and the apex court in particular. The judgment not only speaks of the “rule of law” but also reminds us, in the words of Oliver Goldsmith, that “our greatest glory is not in never falling, but in rising every time we fall”. The nation salutes the judges, and hopes that there will never again be a time to repeat what Mark Twain said in desperation, “There are times when one would like to hang the human race and finish the farce”.
The writer is a former judge of the Delhi High Court
login
who are we?
contact us
qosheapp
Toi Staff
Gideon Levy
Belen Fernandez
Andrew Mitrovica
Mort Laitner
Rami G Khouri
Ali Fathollah-Nejad
Nikkei Editorial
visit website
