Supreme Court criticised the Gujarat government for misusing its authority and revoked the remission granted to 11 individuals convicted in the Bilkis Bano case.
The top court highlighted the Gujarat government's flawed remission order and stated that it lacked proper consideration and questioned whether severe crimes against women permit leniency, regardless of the victim's faith or creed.
Bilkis Bano, 21 years old and pregnant, was raped during the 2002 communal riots post the Godhra train burning incident. Seven family members, including her three-year-old daughter, lost their lives during the riots.
All 11 convicts were released on August 15, 2022, due to the remission granted by the Gujarat government, a decision the Supreme Court invalidated, citing the government's overreach of power.
The apex court emphasised that the Gujarat government exceeded its jurisdiction in granting remission, which should have been within the competence of the state where the offenders were tried and sentenced—in this case, Maharashtra.
The Court nullified its previous order of May 13, 2022, directing the Gujarat government to consider remission for one convict, stating that this order was obtained deceitfully and led to a violation of the rule of law.
The Supreme Court upheld the maintainability of Bilkis Bano's PIL filed under Article 32 of the Constitution, which guarantees the right to approach the SC for the enforcement of fundamental rights.
The Court stated that it is crucial to respect a woman's rights, irrespective of her societal status, faith, or creed, raising critical questions about whether severe crimes against women should allow for leniency.
Quoting philosopher Plato extensively, the Court discussed the aim of punishment as a means of reformation rather than just retribution, implying that if a criminal can be reformed, they should be allowed to contribute positively to society.
After an extensive 11-day hearing, the Court reserved its verdict in October last year, directing the submission of original records related to the convicts' remission. Multiple PILs challenged the convicts' release, emphasizing the need for justice in the Bilkis Bano case.
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