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Court’s Decision
A bench of Justices B V Nagarathna and Ujjal Bhuyan deemed the PIL challenging the remission as maintainable.The court held that the Gujarat government was not the appropriate authority to pass the remission order.
WHAT COURT SAID
- SC slammed the Gujarat government for passing remission orders of convicts without application of mind in the
rape case of BilkisBano and the murder of her family. - The top court said that the Gujarat government acted in tandem with convicts in granting them remission which vindicated the court’s earlier order by which the trial was shifted outside the state.
- The court said that the convicts cannot be allowed to be out of jail after their remission is quashed and added that they have to report to jail authority within two weeks.
- The bench also noted that the government within whose jurisdiction an offender is tried and sentenced is allowed to decide the remission of the convict’s sentence.
- The court said that the Gujarat government usurped the power of the Maharashtra government by deciding the remission plea, as it is the Maharashtra dispensation which has jurisdiction to decide remission.
- While pronouncing the
verdict the bench said that one of the convicts had suppressed facts and misled the apex court by making false statements. - The apex court held that the judgement of May 13, 2022 (which directed the Gujarat government to consider remission of convict) was obtained by “playing fraud” on the court and by suppressing material facts.
Bilkis Bano’s Tragic Story
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the communal riots following the Godhra train-burning incident.
Her three-year-old daughter was among the seven family members killed in the riots.
Remission and Release
All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022.
Backstory and Verdict Reservation
The bench reserved its verdict on October 12 last year after an 11-day hearing, which included a petition filed by Bilkis Bano.
The court directed the Centre and Gujarat government to submit original records related to the remission by October 16, 2022.
Legal Questions Raised
During earlier arguments, the apex court questioned whether convicts have a fundamental right to seek remission.
The court emphasized that state governments should not be selective in granting remission, advocating equal opportunities for every prisoner’s reform and reintegration into society.
Multiple PILs
Several PILs were filed challenging the remission, including those by CPI(M) leader Subhashini Ali, journalist Revati Laul, and former Lucknow University vice-chancellor Roop Rekha Verma.
TMC leader Mahua Moitra also filed a PIL against the convicts’ premature release.
Case Overview
The case involves the gangrape of Bilkis Bano and the murder of her family members during the 2002 riots.
The Gujarat government’s decision to grant remission and release all 11 convicts on August 15, 2022, was contested through multiple PILs.
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