Bilkis Bano gang rape: Gujarat High Court refuses to entertain parole plea of two convicts

Two convicts in the Bilkis Bano gang rape case on Thursday withdrew their application seeking parole after the Gujarat High Court expressed its disinclination to entertain their plea [Bhatt Shaileshbhai Chimanbhai vs State of Gujarat]..Single-judge Justice Divyesh Joshi said that he wasn't inclined to grant parole leave to the two convicts - Shailesh Bhatt and Mitesh Bhatt. Advocate Khushbu Vyas appearing for the Bhatt brothers, urged the bench to grant parole leave on the ground of Nav Chandi Pooja & Vastu Shanti Pooja. "Milords, this is an application for parole. They want to attend the Nav Chandi Pooja and Vastu Pooja. Both of them are in jail from long time," Vyas submitted. To this, Justice Joshi responded, "Sorry. No."Vyas then said that at least one of the two brothers could be granted parole. "At least one of them be given parole. Both are in jail since long time. Please," she urged. However, the court refused to entertain the request after which the plea was withdrawn..Notably, two convicts Pradipbhai Ramamlal Modiya and Rameshbhai Chandana were granted parole by the High Court for five days and 10 days respectively. Modiya was granted parole in view of the death of his father-in-law while Chandana was allowed the same to attend the marriage of his nephew. The eleven convicts - Radheshyam Shah, Jaswant Nai, Govind Nai, Kesar Vohania, Baka Vohania, Raju Soni, Ramesh Chandana, Shailesh Bhatt, Bipin Joshi, Pradip Modhiya, and Mitesh Bhatt - were convicted for raping Bilkis Bano and murdering her family members during the Gujarat riots of 2002.On August 14, 2023, the eleven convicts were released from prison after they were granted remission (early release from prison) by the Gujarat governmentThe State government granted the remission to them following a May 2022 judgment of the Supreme Court in which the top court held that an application of remission should be considered in line with the policy of the State where the crime was committed (Gujarat, in this case) and not where the trial was held (the trial in the case was held in Maharashtra).Pursuant to that judgment, the Gujarat government applied its remission policy to release the convicts.The Gujarat government's decision was challenged by various petitioners including Bano before the top court.On January 8, Justices BV Nagarathna and Ujjal Bhuyan quashed the remission granted to the convicts by the Gujarat government. It concluded that the Gujarat government had no power to apply its remission policy to these eleven convicts.The bench headed by Justice Nagarathna also found that the convict who had approached the top court for remission had suppressed material facts.Due to the suppression of the facts, the bench headed by Justice Nagarathna held the earlier ruling of May 2022 was non est and invalid in law, while directing all eleven convicts to surrender within two weeks.