'Won't Get Emotional, Need To Strike Balance: Supreme Court On Bilkis Bano Remission Case

Today, on March 27, the Supreme Court heard a set of petitions challenging the release of 11 prisoners who gang-raped Bilkis Bano and massacred her family members during the Godhra riots in 2002. On August 10, last year, the Gujarat government granted remission to 11 offenders, and they were set to be released on August 15, 2022.

The Supreme Court sought a response from the Centre, Gujarat government, and others on the plea against the early remission of the Bilkis Bano case convicts.

The bench said that it needs to hear the matter in detail as there is a gamut of issues and directed the Gujarat government to be ready with the relevant documents granting remission on April 18. The bench also observed it would not be overwhelmed by emotions and go by the law.

On March 22, Chief Justice of India DY Chandrachud announced the formation of a bench to hear petitions- ‘I will assemble a bench. It will need the demolition of two benches. I will look into it this evening,’ he remarked when Bano's lawyer, Shobha Gupta, addressed the need for an early hearing. Earlier, lawyer Gupta suggested that the CJI convene a new bench since Judge Bela M Trivedi had recused herself from hearing the appeal.

Previously, a bench comprised of Justices Ajay Rastogi and Bela M Trivedi directed that the matter be heard by the bench, which Justice Trivedi is not a member of due to her recusal from hearing the case. A bench of Justices KM Joseph and BV Nagarathna will hear the matter.

Bano had filed a review appeal, requesting a reversal of its previous order, in which it had recommended the Gujarat government to examine the petition for the remission of imprisonment of one of the prisoners, in addition to a petition against the pre-mature release of convicts. The petition for review was denied. PILs were filed in order to withdraw the remission granted to 11 offenders.

The National Federation of Indian Women, whose General Secretary is Annie Raja, the Communist Party of India (MarxistSubhashini)'s Ali, writer Revati Laul, social activist, and professor Roop Rekha Verma, and TMC MP Mahua Moitra submitted the petitions.

In their affidavit, the Gujarat government supported the remission granted to prisoners, claiming that they had served 14 years of their sentence and their ‘behaviour was determined to be excellent.’ According to the State administration, it evaluated the cases of all 11 prisoners in accordance with the 1992 policy, and remission was given on August 10, 2022, and the Central government likewise authorised the pre-mature release of convicts.

It is worth noting that the remission was not awarded in accordance with the circular governing the provision of remission to inmates as part of the commemoration of ‘Azadi Ka Amrit Mahotsav,’ as stated.
‘After considering all of the comments, the administration chose to release 11 convicts who had served 14 years or more in jail and whose behaviour was deemed excellent.’

The administration further questioned the petitioners' locus standi in filing the PIL contesting the ruling, claiming they are outsiders to the case.

According to the appeals, they have challenged the ruling of the competent authority of the government of Gujarat by which 11 people convicted of a series of terrible crimes committed in Gujarat were permitted to walk free on August 15, 2022, due to remission.

Remission in this horrible instance would be utterly against public interest and would shock the collective public consciousness, as well as entirely against the interests of the victim (whose family has publicly expressed concern for her safety), according to the petitions.

On August 15, the Gujarat government freed the 11 prisoners who had been condemned to life in jail. All 11 life-term offenders in the case were released under Gujarat's remission policy at the time of their conviction in 2008.

Bilkis Bano was gang-raped and left to die alongside 14 members of her family, including her three-year-old daughter, during the post-Godhra riots in March 2002. Rioters raped and slaughtered her family in Vadodara while she was five months pregnant.

Suggested reading- SC To Form Special Bench To Hear Bilkis Bano’s Review Petition Against Remission