Vidushi Vats
In a recent development concerning the Bilkis Bano gang-rape case, the Supreme Court has mandated that 11 previously released convicts must return to prison within two weeks. The Apex Court overturned the Gujarat government’s remission, asserting the state’s incompetence in deciding on remission. This decision followed the victim’s plea to annul the convicts’ remission, which the court deemed ‘maintainable’ for challenging the remission.
“The rule of law must be preserved unmindful of the ripples of the consequences,” declared the Apex Court in its verdict. Referring to a judgment from May the previous year, delivered by retired Justice Ajay Rastogi, the court noted that the earlier decision allowed the convicts to seek early remission before the state government based on fraudulent information.
To ensure fair proceedings, the case was moved to Maharashtra, making only the Maharashtra government competent to grant remission, not Gujarat. The Apex Court observed that the convicts had not approached the court with clean hands.
Emphasizing that the state of the offender’s trial and sentencing holds competence in deciding remission, the Apex Court clarified that Gujarat lacked the authority to pass remission orders, whereas Maharashtra had the competence.
The heinous incident took place in March 2002 during the post-Godhra riots when Bilkis Bano was allegedly gang-raped, along with 14 family members, including her three-year-old daughter. The Gujarat government had released the 11 convicts on August 15, 2022, under the remission policy prevailing in Gujarat at the time of their 2008 conviction.
Bilkis Bano and others approached the Supreme Court to challenge the premature release, with PILs filed by various entities, including the National Federation of Indian Women and TMC MP Mahua Moitra. The Gujarat government defended the remission, stating the convicts had completed 14 years of sentence with good behavior, as per the 1992 policy, approved by the central government on August 10, 2022.
Link to the judgment: https://main.sci.gov.in/supremecourt/2022/38741/38741_2022_12_1501_49383_Judgement_08-Jan-2024.pdf