Skip to main content

Bilkis Bano, Ishrat Jahan: How Gujarat BJP rulers 'dragged' cases in top courts

Bilkis Bano
By RK Misra*
Seventeen years after the incident and six months after the apex court ordered relief for the victim, the BJP government in Prime Minister Narendra Modi’s home state of Gujarat figured in a callous disregard for compliance. Successive BJP governments in Gujarat have dragged their feet, particularly in matters relating to the minority community, even when the highest court of the land has unequivocally ruled it’s mind.
This was once again brought into sharp focus on September 30, 2019 when the Supreme Court directed the Gujarat government to implement within two weeks an order which it had given almost six months ago in the case of Bilkis Bano, a gangrape victim of the 2002 communal riots in Gujarat.
On April 23, 2019, a bench headed by Chief justice Ranjan Gogoi and comprising judges Deepak Gupta and Sanjeev Khanna had ordered the Gujarat government to pay Rs 50 lakh as payment to Bilkis Bano, provide government job and adequate accommodation.
Five months later, Bilkis was back before the apex court through her advocate Shobha Gupta with a contempt petition that stated that despite the order the Gujarat government had not provided anything to her.
The reply by solicitor general Tushar Mehta that the compensation amount of Rs 50 lakh had not been provided for in the victim compensation scheme of Gujarat and more over that the state "proposed to file" a review plea did not cut ice with the bench headed by Chief Justice Gogoi and comprising justices SA Bobde and SA Nazeer. Mehta sought more time to provide a job for Bilkis but the judges were unrelenting.
Even the time of two weeks is not needed, the bench stated. Mehta had to give an undertaking to the court that their order would be complied within two weeks.
Bilkis was 19 years old and five months pregnant when her family was attacked at Randhikpur village in Dahod district of Gujarat as they were trying to escape rioters. She was gang-raped and 14 members of her family including her two year old child whose head was smashed against a rock, were killed. She survived only because the rioters left her for dead. Though married, she had been living a nomadic existence , being forced to change 25 houses in a span of 15 years due to threats by convicts in the case who were out on parole.
Vivek Dube, who later retired as Andhra Pradesh police chief in 2015, was the first head of the CBI crime team which took charge of the case under Supreme Court orders in December 2003. His investigations led a special court to sentence 11 men for raping Bilkis and killing her family members but acquitted seven people. CBI approached the Bombay High Court for more stringent punishment while the convicted sought quashing of the special court order.
The High Court in May 2017 convicted the seven as well. The convicted then approached the Supreme Court but their appeals were dismissed. Among those convicted by the High Court in the case were five policemen and two doctors who had botched up the initial investigation.
Interestingly, of the five cops, four -- a deputy superintendent of police, two inspectors and a constable -- had retired and the fifth a deputy commissioner of police, RS Bhagora was dismissed from service only a day before his retirement on May 30, this year.
Despite the fact that his name figured in the Bilkis Banu case investigations by CBI, Bhagora, who was a state cadre officer, was promoted to IPS cadre in 2006 and until the day of his dismissal was enjoying the key posting of deputy commissioner of police (traffic) in Ahmedabad.
The Supreme Court had on July 10, 2017 dismissed the appeals by Bhagora and other cops stating that there was clear-cut evidence against them. And despite this, the government waited till virtually his last day in service to dismiss him, the apex court order for action against the errant officer notwithstanding.
Ishrat's mother

Ishrat Jahan case

While Bilkis, battling an intransigent state administration, has stoically roughed it out for almost 17 years and managed to secure justice, the patience of an elderly mother fighting for justice for her dead daughter, Ishrat Jahan, killed in an alleged fake encounter in Ahmedabad, has run aground.
On May 1, Shamima Kauser, the mother of Ishrat Jahan, submitted a letter to the CBI court in Ahmedabad stating that the slow and tiring pace of the wheels of justice have sapped her strength, and in frustration and despair she has decided she will not contest the case any further.
College student Ishrat Jahan and three others -- Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar -- were killed on the outskirts of Ahmedabad by a team of the Ahmedabad crime branch then led by DG Vanzara on June 15, 2004 in what was later termed as a fake encounter. The cops claimed that they were part of a Lashkar-e-Toiba terror module out to kill then chief minister Narendra Modi.
Shamima’s letter to CBI of September 18 conveys that she no longer intends to remain a party to the judicial proceedings. The letter is a sad commentary on the prevailing state of affairs:
”I am heart-broken and my spirit shattered at the perpetuation of this culture of impunity. I have thus instructed my counsel Vrinda Grover that I have lost the will to fight.
"The long drawn and labyrinthine judicial process has exhausted and frustrated me. I had never imagined seeking truth and justice could be such an uphill, arduous and life consuming task and I now feel helpless and hopeless. All the accused cops are out on bail and some have even been reinstated in service despite facing charges of murder and conspiracy”.
She has also mentioned about the Gujarat government’s refusal to sanction the trial of the accused and said that "it is the job of CBI to prosecute the 11 accused officers. This culture of impunity needs to be eradicated to protect vulnerable citizens." Shamima’s letter was delivered during proceedings on the discharge applications filed by four police officers.
This case is a classic example of how the shifting pendulum of political power brings about corresponding changes in key cases with such overtones.
Metropolitan magistrate SP Tamang, who submitted an enquiry report that said the encounter was fake, was subjected to an enquiry on his conduct on orders from the Gujarat High Court which was, however, set aside later by the apex court. Satish Verma , a senior Gujarat cadre IPS officer who was appointed to a SIT on the encounter was shunted to the North-East after he too revealed that the encounter was fake.
On the other hand, the accused officers in the case close to BJP have had the benefit of the government’s largesse. Retired IPS DG Vanzara and NK Amin were discharged from it after the Gujarat government refused sanction to prosecute them. CBI made it known that it would not challenge the order.
Earlier in February 2018, senior police officer and former Gujarat DGP PP Pandey was discharged from the case, while the discharge plea of four remaining senior police officers has been moved.
“I know for a fact that my daughter was killed in a premeditated manner. I have been up against some very powerful police officers who enjoy the patronage of the powers that be”, Shamima said.
Nothing sadder or truer could be said.
---
*Senior journalist based in Gujarat. Blog:  http://wordsmithsandnewsplumbers.blogspot.com/

Comments

Jagdish Patel said…
It is shocking to know this. Very alarming situation. Judiciary is not unbiased and free. Very difficult to get justtice

TRENDING

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor*  Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative  The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment.  The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents.   The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

How polarization between different ideological trends within the communist movement sharpened in India

By Harsh Thakor*  This article is a rejoinder to A Note on Slogans of “Left Unity,” “Unity of the Communist Revolutionaries” and “Mass Line” by Umair Ahmed, published on the Nazariya blog .

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.