Retired Justice UD Salvi expressed regret for not being able to give the death penalty to 11 men he had sentenced to life imprisonment for the gang-rape of Bilkis Bano and the murder of her family members in 2008. He stated that he would have imposed the death penalty if the offense was due to personal enmity, but it was instigated instead. The Supreme Court canceled the Gujarat government’s order granting early release to the 11 accused and ordered them to surrender to the jail authorities within two weeks.
Justice Salvi emphasized the need to consider the seriousness of the crime when granting premature release and highlighted the societal implications of such decisions. He also praised a recent Supreme Court judgment that rejected the competence of the Gujarat government to release the convicts in 2022.
Bilkis Bano was sexually assaulted at the age of 21 while fleeing the 2002 riots in Gujarat, leaving seven family members, including her three-year-old daughter, dead. The convicts now have the option to file a review petition before the Supreme Court or apply for fresh remission before the Maharashtra government, as the trial was held in the state.
Justice Salvi’s remarks underscore the complex and sensitive nature of judicial decisions, particularly in cases of severe crimes. The ongoing legal battle surrounding Bilkis Bano’s case continues to raise important questions about justice, punishment, and the impact of decisions on survivors and society.