Court Rejects Cops’ Petition in Bilkis Case

May 8, 2004 | Comments Off on Court Rejects Cops’ Petition in Bilkis Case

The Gujarat High Court rejected the petition of two senior officers, challenging the charges framed against them in the Bilkis Bano case, revolving around the gang rape of Bilkis and at least three relatives, and the murder of 14 relatives during the 2002 Gujarat pogroms against Muslims.  The Central Bureau of Investigation (CBI) had charged the officers with dereliction of duty:

Justice S. D. Dave, while upholding the CBI contention, however, allowed the petitioners to move the higher courts with the application if so desired. The two police officers, R. S. Bhagor and R. M. Bhamor, posted at the Limkheda police station at the time of the gangrape of Bilkis Banoo and other women and slaughtering of 14 members of her family…were accused of dereliction of duty and helping the other accused in destroying documentary evidences of their alleged involvement in the crime.

The Court rejected the argument that the charges were barred by a one-year statute of limitations or the CBI’s failure to get prosecution sanction.  Indian legislation and statutory codes limit prosecution of public servants.  The CBI normally must apply for prosecution sanction under Sections 45 or 197 of the Code of Criminal Procedure. These sections require consent from the state or central government for the arrest or prosecution of public servants and members of the Armed Forces for actions undertaken in their official capacity.

The Gujarat section of the blog gives background and developments in the cases arising out of the 2002 Gujarat pogroms against Muslims.


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