Bilkis Bano rapists released: TRS leader Kavitha Kalvakuntla urges CJI to ‘save faith in law, humanity’

KCR's daughter said that no procedural and substantive checks were taken into account while releasing the 11 convicts.

BySumit Jha

Published Aug 19, 2022 | 6:19 PMUpdatedAug 19, 2022 | 6:21 PM

Kavitha

Nizamabad MLC and TRS leader Kalvakuntla Kavitha has written a letter to Chief Justice of India Justice CV Ramana regarding the release of 11 men convicted in the Bilkis Bano gangrape case and the murder of seven of her family members during the 2002 Gujarat riots.

Kavitha, who is also the daughter of Telangana Chief Minister K Chandrashekar Rao, said that no procedural and substantive checks were taken into account while releasing the 11 convicts.

“Bilkis Bano was 21 years old and 5 months pregnant at the time when this heinous crime took place and to imagine her seeing her rapists walking free with impunity, then being garlanded and celebrated for release must have shattered her, [sic]” she said.

“I implore the Supreme Court of India to save the nation’s faith in our laws and in humanity by intervening in this matter so that the decision of the release of the aforementioned convicts is withdrawn immediately, [sic]” she requested the CJI in her letter.

She said that crimes such as rape shake the very core of social conscience, and seeing convicted rapists walk free on a day such as Independence Day sends shivers down the spine of every woman and indeed every citizen who places their faith in the law of the land and the justice system of the country.

She said that the Gujarat government had acted in ignorance of the Union government’s guidelines, issued by the Ministry of Home Affairs as part of the celebrations of Azadi ka Amrit Mahotsav on 21 April this year.

“In this guideline issued by the Ministry of Home Affairs, special remission was specifically denied to the prisoners convicted for the offence of Rape , human trafficking , and the Protection of Children from Sexual Offences Act , 2012 ( POCSO ) , Immoral Trafficking Prevention Act , 1956, [sic]” she said.

She asked the CJI to consider that the 1992 policy was substituted by the 2014 policy to align the remission policy of the state government with the judgment of the Supreme Court dated 20 November, 2012, in criminal appeal no. 490-491 of 2011, where the apex court observed that the remission powers of the appropriate government should not be exercised arbitrarily and should be exercised with some inherent procedural and substantive checks on the said power.

KTR urged PM to intervene

Earlier, slamming the release of the convicts, TRS working president and Industries Minister KT Rama Rao (KTR) said it was very unfortunate that the 11 rapists were released, and asked Prime Minister Narendra Modi to intervene.

“Dear PM @narendramodi Ji, If you had really meant what you spoke about Respecting women, urge you to intervene & rescind the Gujarat Govt remission order releasing 11 Rapists. Sir, it is nauseating to put it mildly & against MHA order. Need you to show sagacity to the Nation, [sic]” tweeted KTR.

He also urged the prime minister to make the necessary amendments to the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) suitably so that no rapist may get bail from the judiciary.

“Strong legislations are the only way to ensure the Judiciary can deliver swiftly & perform at its best, [sic]” tweeted KTR.

IAS officer ‘in disbelief’

Smita Sabharwal, an IAS officer and secretary to Telangana Chief Minister K Chandrasekhar Rao, also said she — as a woman and a civil servant — was in disbelief on reading about the release of the convicts.

“As a woman and a civil servant I sit in disbelief, on reading the news on the #BilkisBanoCase. We cannot snuff out her Right to breathe free without fear, again and call ourselves a free nation. #JusticeForBilkisBano [sic],” she tweeted.

A special Central Bureau of Investigation (CBI) court sentenced the 11 convicts to life in prison on 21 January, 2008, for the gang rape of Bilkis Bano and the murder of seven members of her family.

Their conviction was eventually upheld by the Bombay High Court.