LI Network
Published on: January 9, 2024 at 09:50 IST
The Supreme Court nullified the release of 11 convicts, including those involved in the heinous crimes against Bilkis Bano during the 2002 Gujarat communal riots.
The Court declared that the State of Gujarat lacked the authority to grant remission and, as a consequence, deemed the premature release orders invalid. The convicts, who were set free in August 2022, were directed by the court to surrender within two weeks.
The crucial judgment highlighted that the State of Gujarat was not the “appropriate government” for determining remission since the trial occurred in Maharashtra.
Justices BV Nagarathna and Ujjal Bhuyan, in their 11-day-long hearing, underscored the need to uphold justice for victims and balance it with the potential for reformation and remission for convicts.
Justice Nagarathna, in delivering the judgment, invoked philosopher Plato, emphasizing the rehabilitative nature of punishment.
The Court, addressing five key issues, maintained the maintainability of Bano’s petition, questioned the competence of the State of Gujarat to pass remission orders, criticized the breach of the rule of law, and pondered the delicate balance between the rule of law and personal liberty.
Advocate Shobha Gupta, representing Bilkis Bano, argued against the leniency shown to the convicts, stressing the severity of their crimes.
The Court rejected challenges to the maintainability of public interest litigation (PIL) petitions and scrutinized the legality of the remission orders.
The judgment criticized the Gujarat Government for not seeking a review of the May 2022 judgment and examined the societal impact of prematurely releasing the convicts. The Court asserted that the Gujarat government’s exercise of power constituted an abuse and usurpation of power, breaching the rule of law.
In the context of reformation underlying the criminal justice system, the court questioned the selective application of remissions across the country.
The judgment emphasized the delicate balance between victims’ rights and convicts’ entitlement to a second chance, highlighting the importance of upholding the rule of law.
The case had its roots in the brutal gang rape of Bilkis Bano during the 2002 Gujarat riots, resulting in the loss of several family members.
After a lengthy legal process, the Supreme Court’s recent decision seeks to rectify the premature release of the convicts, ensuring justice and upholding the principles of the rule of law.
