Bilkis Bano Case: Convicts Surrender in Compliance with SC Directive

New Delhi- In a significant development, all the accused in the Bilkis Bano gangrape and murder case surrendered themselves under the vigilant supervision of the police at the Godhra sub-jail on Sunday night. This development came in compliance with the Supreme Court's directive after dismissing the appeals filed by the convicts seeking an extension of time for surrender by 4 to 6 weeks on Friday, January 19.

The majority of the convicts arrived in a 10-seater multi-utility vehicle, escorted by an SUV. Both vehicles seamlessly entered the jail premises within a few minutes of each other. District police officials confirmed that they diligently tracked and escorted all 11 accused into the jail premises.

Despite their plea and citing various reasons for additional time, the court firmly instructed the convicts to surrender on or before January 21. Late on Sunday, the convicts arrived at the Godhra sub-jail in two private vehicles from Singwad Randhikpur around 11:30 pm and surrendered before jail officials.

The 11 accused -- Radheshyam shah, Jaswant Chaturbhai Nai, Keshubhai Vadaniya, Bakabhai Vadaniya, Rajibhai Soni, Rameshbhai Chauhan, Shaileshbhai Bhatt, Bipin Chandra Joshi, Govindbhai Nai, Mitesh Bhatt, Pradip Modhiya were sentenced to life imprisonment on the charge of gang rape and murder of seven members of Bilkis Bano's family. A special CBI court in Mumbai on January 21, 2008 had sentenced the 11 eleven accused to life imprisonment, and the conviction was later upheld by the Bombay high Court.

The cumulative incarceration period for all 11 convicts in the Bilkis Bano case amounts to significant durations. Radheshyam Shah has completed 15 years, 3 months, and 3 days, Jaswant Chaturbhai Nai served 15 years, 1 month, and 21 days, Kesharbhai Vahoniya spent 15 years, 1 month, and 15 days behind bars. Bakabhai Vahoniya's sentence lasted 15 years, 7 months, and 17 days, Rajubhai Soni completed 14 years, 7 months, and 22 days, while Ramesh Chandna served 14 years and 9 days. Shaileshbhai Bhatt, Bipinchandra Joshi, and Govindbhai Nai each faced 15 years, 3 months, and 15 days, 15 years, 3 months, and 29 days, and 15 years and 18 days, respectively. Mitesh Bhatt's sentence extended to 15 years and 7 months, and Pradip Modiya served 14 years, 10 months, and 8 days in connection with the case.

A petition for early release was filed by convict Radheshyam Shah. On May 13 2022, the Supreme Court ordered Gujarat government to look into the matter and gave it two months time.

Following the Supreme Court's directive on May 13, the Gujarat government adhered to a 1992 policy. The state government’s revised policy of 2014, which bars out-of-turn release of prisoners convicted for rape and murder, would have made the accused ineligible for remission. The Gujarat government took help of the legal department for the same before releasing the 11 convicts.

Gujarat Govt's Law of Remission Policy

According to the 1992 Law of Remission Policy, a person must spend a full 14 years in jail with good behavior. The Inspector General Jail assesses the conduct of the accused and, if deemed satisfactory, makes recommendations. The Jail Advisory Committee (JAC), consisting of the Jail Superintendent, District SP, District Magistrate, and others, then decides whether to recommend the person's release. This process can start after the convict completes 14 years in jail.

In Bilkis Bano case, the findings of the 8-member JAC regarding the convicts said that all of them had completed the required jail time without parole or furlough. Their behavior in jail was good, with no complaints. Even when on parole or furlough, they behaved well and had no criminal incidents. Additionally, they had no other FIR or criminal cases against them. The JAC also considered factors like age, health, and medical conditions, and noted that one convict had earned four degrees from an open university. After thorough consideration, the unanimous recommendation from the JAC was to release all 11 convicts.

On August 14, 2022 the release orders for the 11 convicts from the Gujarat Government reached Godhra Sub Jail. On August 15, all 11 convicts were released from jail.

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