SC quashes remission of 11 convicts in the Bilkis Bano case

Introduction

The Supreme Court revoked the remission of 11 convictions related to the 2002 Gujarat sectarian riots, including the infamous Bilkis Bano gang rape case, in a historic ruling. Because the trial took place in Maharashtra, the court ruled that the State of Gujarat was incompetent to make a decision regarding remission. As a result, the August 2022 premature release was declared void, and the prisoners were given a two-week ultimatum to turn themselves in. In her ruling, Justice Nagarathna cited Plato's therapeutic philosophy of punishment and stressed the need for a careful balance between victims' rights and offenders' opportunities for rehabilitation.

Backgrounds of the Case

Following the Godhra train fire in February 2002, Bilkis Bano and her family left Randhikpur due to rioting. She was raped on March 3, 2002, while five months pregnant, and fourteen family members perished as a result. The cops did not disclose the rape even though they filed a formal complaint. After a while, the investigations were revived. Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court, which ordered an investigation by the CBI.

After Bilkis requested a CBI probe, 20 people including doctors and police officers were charged. In 2004, the case moved to Mumbai, and in 2008, convictions were obtained. The SC ordered Bilkis's compensation in 2019.

August 15, 2022: The Gujarati government freed eleven prisoners, including Radheshyam Shah, from Godhra Sub-Jail on remission. The prisoners were freed in accordance with the remission policy that was in place at the time of their sentencing.

Opponents and activists criticised the Gujarat government for releasing the prisoners under an antiquated 1992 remission programme.

In September 2022, Bilkis Bano filed a writ suit in the Supreme Court contesting the early release of the 11 prisoners. He also requested a review of the ruling made by the bench of Justices Ajay Rastogi and Vikram Nath, which had allowed the Gujarat government to decide whether to pardon the prisoners.The Supreme Court reversed the Gujarati government's decision to pardon the 11 convicted individuals on January 8, 2024.

Supreme Court Statements on 8th January 2024

1. Breach of rule of law amounts to negation of right to equality. Rule of law means no one, how highsoever, is above the law.
2. There can be no rule of law if there is no equality. Court has to step in to enforce the rule of law.
3. Justice cannot be done without adherence to the rule of law. Justice encompasses not just the rights of the convicts but also the rights of the victims.
4. If the convicts can circumvent the consequences of their conviction, peace and tranquillity in the society will be reduced to a chimaera.
5. Allowing convicts to remain out of prison will amount to giving an imprimatur to invalid orders.
6. Eleven convicts in the Bilkis Bano case to surrender back to prison within 2 weeks. Says "Rule of law must prevail”.
7. We hold that deprivation of liberty to the respondents (convicts) is justified. They have lost their right to liberty once they were convicted and imprisoned. Also, if they want to seek remission again, it is important that they have to be in jail.

Conclusions

The Supreme Court's decision to reverse the remission upholds the rule of law, restoring confidence in the judicial system and providing a precedent for such decisions in the future. The case also contributed to discussions about the broader issues of communal harmony, human rights, and the role of the judiciary in safeguarding justice.

Reference

1. Live Law Online Page
2. The Hindu Newspaper
3. Hindustan Times Newspaper
4. The Indian Express.
5. Outlook India