Explain action in Bilkis Bano case: SC

Why are guilty still with police force, apex court asks Gujarat government

The Supreme Court has asked the counsel for the rape survivor to file a separate appeal challenging a high court order on the issue of compensation.

The Supreme Court on Monday asked the Gujarat government to come clean on allegations made by Bilkis Bano, a victim of gangrape during the post-Godhra riots in 2002, that police officers convicted of manipulating the probe in the case are back to work in the State force.

“My client has suffered years of trauma. They (police officers) have been found guilty, but they have already been working,” advocate Shobha, Ms. Bano’s lawyer, submitted.

‘Sentence completed’

“How can that happen? How can they work?” Chief Justice of India Dipak Misra, heading a three-judge Bench, asked the Gujarat government.

“They have already undergone their sentence,” advocate Hemantika Wahi, the State counsel, made a preliminary submission.

The court directed the State government to file a response detailing the departmental action, if any, taken against the police officers and submit it in the next four weeks.

The Bombay High Court had on May 4 upheld the conviction and life imprisonment of 12 persons in the case.

Ms. Bano’s family was attacked by a mob at Randhikpur village near Ahmedabad and seven members of her family were killed. She was pregnant at the time of the incident.

Acquittal set aside

The High Court had set aside the acquittal of five policemen and two doctors. They were found guilty of dereliction of duty and tampering with evidence.

Recently, the apex court had also dismissed the appeals of two doctors and four policemen, including an IPS officer, who had challenged their conviction by the High Court. The apex court had concluded that there was ‘clear-cut evidence’ against them.

Higher compensation

The court asked Ms. Bano to file a separate special leave petition seeking an enhancement of the compensation awarded to her by the lower court.

On January 21, 2008, a special court convicted and sentenced 11 accused to life imprisonment.

Though the trial in the case began in Ahmedabad, the Supreme Court transferred the case to Mumbai in 2004 after Ms. Bano expressed apprehensions that the CBI probe would be tampered with.