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Bilkis Yakub Rasool vs Union of India & others

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FACTS
The petition pertained to the brutal gang rape of the petitioner, Bilkis Yakub Rasool,
who was pregnant at the time. Additionally, the petitioner’s mother was subjected to gang
rape and subsequently murdered, while her cousin, who had recently given birth, faced a
similar fate.
Among the victims were eight minors, including the petitioner’s cousin’s newborn, who was
just two days old. The petitioner’s three-year-old daughter was killed by having her head
smashed against a rock. Other family members, including her two minor brothers, two minor
sisters, paternal uncle (phupha), paternal aunt (phupi), maternal uncle (mama), and three
cousins, were also murdered.
On January 21, 2008, a Special Central Bureau of Investigation (CBI) court convicted 11
individuals, sentencing them to life imprisonment for conspiring to commit rape against a
pregnant woman, multiple murders, and unlawful assembly under the Indian Penal Code,
1860 (IPC).

ISSUES:
- Whether the writ petition by Bilkis Bano was maintainable?
- Whether the Government of the State of Gujarat authorized to issue the contested
remission orders?
- Whether the orders of remission were in accordance with law?
- Whether the Public Interest Litigations filed against the remission were maintainable?

ARGUMENTS OF BOTH THE PARTIES:

Petitioner’s side:
Advocate Shobha Gupta, representing the petitioner, contended that the offenses committed
by the convicts were meticulously planned, amounting to a criminal conspiracy to commit
rape and murder against the victim’s family. She described how the convicts relentlessly
pursued their victims, exhibiting extreme brutality and a ruthless disposition. The petitioner
underscored the horrifying nature of the crimes, including the gang rape of a five-month
pregnant woman, which led to her losing consciousness. In addition to sexually assaulting
other female members of the family, the convicts brutally murdered the victim’s first child by
smashing her against a rock. They then proceeded to kill the victim’s mother, cousins, aunts,
uncles, and four minor siblings so viciously that their bodies became unrecognizable.
Arguing against any form of leniency, the petitioner stressed the sheer mercilessness of the
convicts and urged the court to take into account the severity of the crimes while delivering
its judgment.

Respondents side (Convicts):
The convicts in this case filed an appeal, asserting that the victim had given birth to a child
after the incident, thereby challenging the claim that she had been gang-raped. They further
alleged that the evidence presented by the CBI was falsified and contested the murder
accusations, citing the absence of recovered bodies as a lack of proof. Maintaining their
innocence, the convicts questioned the credibility and validity of the evidence brought against
them.


HELD:
The Supreme Court set aside the remission granted to 11 convicts, ruling that the Gujarat
government lacked the authority to decide on the matter since the trial had taken place in
Maharashtra. Consequently, the court ordered the convicts, who had been prematurely
released in August 2022, to surrender themselves to prison within two weeks.

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Detail Information

Title

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Court

: supreme court., 2024

Lenght/Sections/Order/Rules

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Language

English

Case Number/Citation

[2024] 1 S.C.R. 743, 2024 INSC 2

Matter(s)

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Councels

Ms. Shobha Gupta, Sri S.V. Raju, Mr. Sidharth Luthra, Ms. Indira Jaising, Ms. Vrinda Grover and Ms. Aparna Bhat

Statement of Responsibility

Mythri Alampally, Reva University

See Also

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