CASE BACKGROUND
Bilkis Bano, 21 yrs old and 5-months pregnant, she was gang-raped during the post-Godhra train-burning riots, resulting in the tragic loss of seven family members, including her three-year-old daughter. The 13 individuals faced convictions for rape, murder, and conspiracy, with 11 receiving life sentences. Subsequently, these convicts appealed their conviction in the Bombay High Court in 2008. Despite multiple efforts to reverse the ruling and the CBI advocating for capital punishment, the High Court upheld the life sentences for 11 convicts in 2017.
Radheshyam Shah, a convict in the case, appealed to the High Court and Supreme Court for early release in 2022, having served 15 years. But, the Supreme Court transferred the case to the Gujarat government. All 11 convicts involved were granted remission by the Gujarat government and released on August 15, 2022.
Also read-BREAKING | Supreme Court Quashes Remission Of 11 Convicts In Bilkis Bano Case. (lawchakra.in)
MULTIPLE PETITIONS
In 2022, Bilkis Bano appealed to the Supreme Court to review the Gujarat government’s decision to release the 11 gangrape convicts. Various other PILs challenging the remission were filed by CPI(M) leader Subhashini Ali, journalist Revati Laul, former Lucknow University vice-chancellor Roop Rekha Verma, and TMC leader Mahua Moitra.
SUPREME COURT ON REMISSION
The Supreme Court heard arguments from the Centre and the Gujarat government in March 2023. Additionally, SC demanded original records regarding this remission from both the Centre and the Gujarat government by October 16, 2022 that formed the basis of their decision.
LEGAL ISSUES INVOLVED
In prior arguments, Supreme Court queried the fundamental right of convicts to seek remission. It stressed upon the importance of state governments not displaying selectivity in granting remission, advocating for equal opportunities for all prisoners’ rehabilitation and societal reintegration.
VERDICT DELIVERED
The Supreme Court quashed Gujarat government’s remission for 11 convicts linked to Bilkis Bano’s gangrape and her family’s murder during the 2002 riots. Justices BV Nagarathna and Ujjal Bhuyan bench found the PIL against the remission valid, stating the state government lacked authority to issue the order.
VERDICT’S KEY POINT
• The Supreme Court criticized the Gujarat government for granting remission to convicts in the Bilkis Bano rape and murder case without application of mind.
• It highlighted that this action aligned the government with the convicts, confirming the court’s decision to shift the trial outside Gujarat.
• The Court specified that once their remission is canceled, the convicts cannot remain out of jail and must report to jail authorities within two weeks.
• Emphasizing jurisdiction, the bench stated that the Maharashtra government has the authority to decide remission, as the offenders were tried and sentenced within its jurisdiction.
• The Court condemned the Gujarat government for overstepping the powers of the Maharashtra government in deciding the remission plea.
• During the verdict, the bench revealed that one convict had misled the court by concealing facts and making false statements.
• Accusing one convict, it concluded that the previous judgment, issued on May 13, 2022, directing the Gujarat government to consider remission, was obtained by playing fraud on the court and by suppressing maternal facts. suggest a short title for this article.