08 January,2024 01:41 PM IST | Ahmedabad | mid-day online correspondent
Bilkis Bano/ File Photo
The Congress condemned the Gujarat BJP government after the Supreme Court overturned the remission granted to 11 prisoners in the Bilkis Bano case, claiming that the government emphasised protecting criminals over achieving justice for the victim.
According to human rights lawyer Anand Yagnik, the Gujarat government's decision to give remission appeared to be motivated by social, religious, and political elements rather than legal considerations. He described the Supreme Court judgement as a victory for the rule of law, a report in the PTI stated.
Bilkis Bano, 21, was raped while fleeing the 2002 communal riots following the Godhra train-burning incident. She was five months pregnant at the time. Tragically, her three-year-old daughter was one of seven family members slain during the riots.
The 11 convicts who were awarded remission by the Gujarat government and released on August 15, 2022, had their remission overturned by the Supreme Court on Monday. The court judged the directives "stereotyped" and lacked thoughtful thinking, and ordered the offenders to surrender within two weeks, the report added.
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According to the report, the Supreme Court clarified that the state where the offender is convicted and punished has the jurisdiction to decide on remission, in this case, Maharashtra, where the offenders were tried.
In response to the Supreme Court's decision on the Bilkis Bano case, Gujarat Congress spokesperson Manish Doshi slammed the BJP-led administration for allegedly disregarding the law and the constitution. He claimed that the government's actions rewarded perpetrators over victims, exposing a trend of protecting criminals rather than the vulnerable, stated PTI.
"It appears to work to save the culprits rather than get justice for victims, and this is very well proved by the Supreme Court's judgement. This is not the only instance, there have been many such cases where the government has shielded those who commit a crime rather than protect the victims. It is very unfortunate for society, and people should ensure that the government runs as per the law. The government has failed to ensure justice for the victim of such a heinous crime," Doshi told PTI.
Reportedly, lawyer Yagnik from the Gujarat High Court highlighted the legal problems, claiming that remission regulations prohibit the government from offering relief to persons guilty of horrific crimes such as rape and murder. He commended the Supreme Court's decision, which emphasised that neither state nor federal governments can give remission to people involved in such serious acts.
"Even if it was up to the Maharashtra government, it cannot grant remission...The judgment shows that the rule of law is maintained," Yagnik told PTI.
Yagnik further stated that even if the choice fell to the Maharashtra government, they would not have the authority to provide remission. He emphasised that the judgement emphasised the significance of respecting the rule of law and that the Gujarat government's decision appeared to be influenced by external social, religious, and political forces rather than legal principles.
