Bilkis Bano case: Setback for 11 convicts; Supreme Court quashes remission order
To ascertain the legitimacy of the convicts' release, the Supreme Court, in October last year, demanded original records from the Centre and Gujarat government regarding the remission granted to these individuals.
FollowIn a significant ruling, the Supreme Court on Monday (January 8) validated the maintainability of the petition filed by Bilkis Bano, challenging the remission granted to 11 convicts. The Bilkis Bano case saw 11 convicts sentenced to life imprisonment, released on August 15, 2022, following Gujarat's remission policy during their 2008 conviction. This decision triggered legal challenges, including one filed by Bano herself, after an 11-day hearing before Justices BV Nagarathna and Ujjal Bhuyan.
The Supreme Court declared the May 13, 2022 judgment, directing the Gujarat government to consider convict remission, as obtained through deceit and the withholding of crucial information. According to the Court, the convicts' approach lacked transparency and honesty.
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Asserting the jurisdiction of the state where the offender was tried and sentenced, the Supreme Court emphasized that the remission plea for the convicts falls under the competence of the respective state. In this context, the Court ruled that the State of Gujarat did not possess the authority to issue remission orders for the convicts, clarifying that this prerogative lay with the Maharashtra government.
The release stirred controversy as Bano, who suffered grievously during the post-Godhra riots in 2002, had endured brutalities that included alleged gang rape and the loss of 14 family members, including her three-year-old daughter, while she was five months pregnant.
To ascertain the legitimacy of the convicts' release, the Supreme Court, in October last year, demanded original records from the Centre and Gujarat government regarding the remission granted to these individuals.
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Multiple petitions were filed, including those by the National Federation of Indian Women, represented by Annie Raja, Subhashini Ali from the Communist Party of India (Marxist), journalist Revati Laul, social activist and professor Roop Rekha Verma, and TMC MP Mahua Moitra, contesting the release and the government's decision concerning the accused individuals involved in the grave offenses in Gujarat.
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