S I T UAT I O N I N G U JA R AT
3.26 It would, however, be appropriate to refer to the case of Bilkis Yakub
Rasul, whom a team headed by its then Chairperson, Justice J.S. Verma, had
met in the Iqbal Primary School Relief Camp in Godhra during the course of
their visit to Gujarat from 19-22 March 2002. In the report of that visit, the
Commission inter alia recorded:
"Bilkis, about 25 years, of Mora village in Morva (H. Taluka) said
that she was raped by a group of persons at village Randikapura
in Limkheda Taluka of District Dahod. The D.M. informed that her
complaint was recorded by the Executive Magistrate in which she
named 12 persons. The F.I.R. was also registered and transferred
to Limkheda police station for further action. In the F.I.R. she had
mentioned only three names. Additional names mentioned before
the Executive Magistrate are being intimated to the S.P. Dahod."
3.27 On 29 April 2003, Bilkis approached the Commission again, addressing
a petition to it, in which she recounted her ordeal in detail, and stated that
she had "recently come to know that the police had told the court that the
real accused persons could not be traced and that is why the case cannot go
ahead." She added, "I have further come to learn that the Court had approved
the stand of the Police. All this was done without informing me of the
developments at any stage. The police have not arrested the culprits although
I have very clearly given their names with particulars in my complaint." In
her petition to the Commission, Bilkis requested the Commission to take up
her case so that justice may be done; she also requested that adequate security
be provided to her as she feared a threat to her life.
3.28 Pursuant to this petition, Shri P.G.J. Nampoothiri, Special Rapporteur of
the Commission in Gujarat informed the Commission that Bilkis wished to
pursue the legal remedies in her case and wanted to file a case in the Supreme
Court of India. It was further reported by him that she did not have the means
to pursue the legal remedies and that she sought the help of the Commission
to provide her legal assistance for pursuing her case in the Supreme Court.
The Commission accordingly advised Shri Nampoothiri to contact the former
Secretary, Supreme Court Bar Association, Shri Ashok Arora, for his advice.
The Commission also indicated that it could offer financial/legal assistance to
Bilkis for pursuing legal remedies.
3.29 On 25 August 2003, a Writ Petition (Criminal) No. 118 of 2003 was filed
by Bilkis Yakub Rasool in the Supreme Court against the State of Gujarat with
ANNUAL REPORT 2002-2003
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