NEW DELHI: The Supreme Court on Monday quashed the Gujarat government’s remission in the Bilkis Bano case, sending all 11 convicts back to the jail, holding that the Gujarat government was not competent to pass the remission orders on August 15, 2022.
The court said that the Maharashtra government within whose jurisdiction the offence was tried and sentenced was allowed to decide the remission of sentence of the convicts. The divisional bench of Justices B V Nagarathna and Ujjal Bhuyan delivered the verdict. Bilkis and others had approached the top court against the remission order in November 2022.
While pronouncing the verdict, the Bench said one of the convicts had suppressed facts and misled the apex court by making false statements.
The Bench noted that the government within whose jurisdiction an offender is tried and sentenced is allowed to decide the remission of the convict’s sentence. It held that the Gujarat government usurped the power of the Maharashtra government by deciding the remission plea, as it is the Maharashtra dispensation which had jurisdiction to decide the remission.
The top court said the Gujarat government had acted in tandem with the convicts in granting them remission which vindicated the SC’s earlier order by which the trial was shifted outside the state. It said the convicts cannot be allowed to be out of jail after their remission is quashed and directed them to report to jail authority within two weeks.
The top court’s ruling comes after a slew of petitions sought quashing of the Gujarat government’s decision to remit the sentences of 11 convicts, who had gang-raped and killed 14 members of her family during the 2002 communal riots in Gujarat. Bilkis was also one of the petitioners.
The Bench had wrapped up the proceedings in October 2023 and reserved its verdict after hearing all the parties, including the convicts.
During the hearing, the Centre and Gujarat government had justified the decision to allow their premature release, saying they did not commit a “rarest-of-rare crime” and should be given a chance to reform and reintegrate into the society.
The Bench asked why the remission policy was being implemented selectively and many other prisoners, who fulfilled the criteria of remission, continued to languish in jail. The court also noted that the convicts were allowed to come out on parole multiple times and observed that some prisoners were more privileged than others.
Bilkis, in her submission, had told the court that the state granted them remission without considering the nature of the offence and they did not deserve the leniency as they were not remorseful.
She was 21 years old and five months pregnant when she was gang-raped and her 3-year old daughter was among the 14 family members who were killed.
A batch of petitions were filed in the apex court by social activists and politicians soon after all 11 convicts were granted remission and released on August 15, 2022.
CPI-M leader Subhashini Ali, independent journalist Revati Laul, former Lucknow University Vice-chancellor Roop Rekha and Trinamul Congress MP Mahua Moitra are some of the petitioners who approached the Supreme Court besides Bilkis against the remissions.
A complete timeline of how the case unfolded:
Mar 3, 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.
Dec 2003: Supreme Court directs CBI inquiry into Bilkis Bano’s case.
Jan 21, 2008: A special court convicts 11 men and sentences them to life imprisonment for raping Bilkis Bano and murdering seven of her family members.
Dec 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.
Apr 23, 2019: SC asks the Gujarat government to pay compensation of Rs 50 lakh to Bilkis Bano.
May 13. 2022: SC directs the Gujarat government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992.
Aug 15, 2022: As part of the Gujarat government’s remission policy, 11 convicts are released from Godhra sub-jail.
Aug 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.
Nov 30, 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”.
Dec 17, 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 premature release filed by a convict in the gangrape and murder case.
Mar 27, 2023: SC notice to Centre, Gujarat government and others on a plea filed by Bilkis Bano.
Aug 7, 2023: SC starts final hearing on petitions challenging the Gujarat government’s decision to grant remission.
Oct 12, 2023: SC reserves its verdict after an 11-day hearing on the petitions, including the one filed by Bilkis Bano.
Jan 8, 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.
Full Judgement: Bilkis Yakub Rasool vs Union of India
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