Synopsis
Bilkis Bano Case: The Gujarat government’s decision granting remission to 11 convicts in the Bilkis Bano case has been invalidated by the Supreme Court. The court ordered the convicted parties to turn themselves in to jail officials within two weeks, calling the remission orders “stereotypical.”
Bilkis Bano case (Representational)
The Supreme Court on Monday invalidated the Gujarat government’s decision to grant remission to 11 convicts involved in the Bilkis Bano gangrape and the murder of seven of her family members amid the 2002 riots in the state.
The court asserted that the remission orders lacked thoughtful consideration, deeming them “stereotyped.” Justices B V Nagarathna and Ujjal Bhuyan, presiding over the bench, instructed the convicted individuals to surrender to jail authorities within a span of two weeks.
In response to a Public Interest Litigation (PIL) challenging the remission, the bench deemed it maintainable and underscored that the Gujarat government was not the competent authority to issue such orders.
Here’s what the SC said
The Supreme Court, while delivering the verdict, said, “We need not have gone into the other issues. But for sake of completion, we have. Rule of law is breached because the Gujarat government usurped power not vested in it and abused its power. On that ground also, the remission orders deserve to be quashed,” the bench said while pronouncing the judgement which spanned over 100 pages.
The top court also held as ‘nullity’ its May 13, 2022 order of another bench asking the Gujarat government to consider remission plea of convicts as it was obtained by “playing fraud on the court” and by suppressing material facts.
It said this is a classic case where the order of this court was used to violate the rule of law by granting remission.
The top court said Rule of law has been breached by usurpation of power and May 13, 2022 order has been used to usurp the powers and abuse the process of law.
“We strike down the remission orders on the ground of usurpation of power by Gujarat government,” the bench said.
The apex court had on October 12 last year reserved its verdict after an 11-day hearing on the petitions, including the one filed by Bano.
While reserving the judgement, the apex court had directed the Centre and the Gujarat government to submit by October 16 the original records related to the remission of sentence of the 11 convicts.
While hearing the matter in September last year, the top court had asked whether convicts have a fundamental right to seek remission.
During the earlier arguments, the apex court had observed that state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.
What is Bilkis Bano case?
Bilkis Bano, who was 21-years-old and five months pregnant, faced the harrowing ordeal of rape while escaping the horrors of communal riots triggered by the Godhra train-burning incident. Tragically, her three-year-old daughter was among the seven family members who lost their lives during the riots.
In a controversial move, all 11 convicts involved in the Bilkis Bano case were granted remission by the Gujarat government, leading to their release on August 15, 2022.
The decision sparked widespread outcry, prompting not only Bilkis Bano but also several others to challenge the remission in court through Public Interest Litigations (PILs). Among those contesting the relief granted by the Gujarat government were CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma.
TMC leader Mahua Moitra had also filed a PIL against the remission and the subsequent premature release of the convicts.
Chronology of events
March 2002: A violent mob descended upon the family of 21-year-old Bilkis Bano in Randhikpur village near Ahmedabad. The woman was gang-raped, while seven members of her family were murdered.December 2003: SC directs CBI inquiry into Bilkis Bano’s case.January 2008: A special court convicts 11 men and sentences them to life imprisonment for raping Bilkis Bano and murdering seven of her family members.December 2016: Bombay HC reserves judgment on appeals filed by 11 prisoners who had been sentenced to life imprisonment.May 2017: Bombay High Court upholds life sentences of the 11 convicts.April 2019: SC asks the Gujarat government to pay compensation of Rs 50 lakh to Bilkis Bano.May 2022: SC directs Gujarat government to consider the plea of a convict for pre-mature release in terms of its policy of July 9, 1992.August 22, 2022: As part of the Gujarat government’s remission policy, 11 convicts are released from Godhra sub-jail.August 25, 2022: SC issues notice to the Centre and Gujarat government on PIL jointly filed by former CPI MP Subhashini Ali, journalist Revati Laul and professor Roop Rekha Verma against the premature release of convicts.November 2022: Bilkis Bano moves SC challenging the Gujarat government’s decision to grant remission to 11 convicts saying their premature release has “shaken the conscience of society”.December 2022: SC dismisses Bilkis Bano’s plea seeking a review of its May 13 verdict in which it had said the state of Gujarat was the “appropriate government” competent to examine the application for the pre-mature release filed by a convict in the gangrape and murder case.March 2023: SC notice to Centre, Gujarat government and others on a plea filed by Bilkis Bano.August 2023: SC starts final hearing on petitions challenging the Gujarat government’s decision to grant remission.October 2023: SC reserves its verdict after an 11-day hearing on the petitions, including the one filed by Bilkis Bano.January 2024: SC quashes remission to 11 convicts, saying the orders were “stereotyped” and passed without application of mind. SC directs convicts to surrender to jail authorities within two weeks
(With inputs from PTI)
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