Justice prevails: Analysis of the Bilkis Bano case

CASE NAME: Bilkis Yakub Rasool v. Union of India & Ors.

COURT: Supreme Court of India, Gujarat HC, Bombay HC

DATE OF DECISION: 8^th January 2024

CORAM: Justice B.V. Nagarathna, Justice Ujjal Bhuyan

INTRODUCTION:

The Bilkis Bano case, a grave event during the 2002 Gujarat riots in India, stands as a crucial legal precedent. This case brought to light numerous societal challenges, such as gender-based violence, sectarian conflict, and the inadequacy of the authorities in delivering justice. It emphasized the urgency for enhanced protection of human rights in India, especially for those in vulnerable positions. This case is a stark reminder of the societal issues that persist and the importance of justice in addressing these issues. It also underscores the role of the judiciary in upholding justice and human rights.

FACTS:

During the Gujarat riots2002, Bilkis Bano, a pregnant woman of 21 years, was part of a group seeking refuge by moving from one village to another. They were brutally assaulted by a mob, with several women, including Bilkis Bano, being raped and many members of the group, including Bilkis Bano’s three-year-old daughter, being killed. This horrific incident took place in the aftermath of the Sabarmati massacre, which resulted in the death of approximately 60 Hindus.

The local police initially failed to take appropriate action, prompting Bilkis Bano to approach the Supreme Court. The Supreme Court instructed the Central Bureau of Investigation (CBI) to investigate the matter and transferred the case to the Mumbai Sessions Court to ensure a fair trial.

The court found 11 men guilty and sentenced them to life imprisonment. However, in 2022, the Gujarat Government controversially granted remission to the 11 convicts. This decision was criticized for undermining the rule of law. The Supreme Court declared that the Gujarat government did not have the authority to grant remission and emphasized that the rule of law must not be circumvented.

In response to the premature release of the convicts, Bilkis Bano filed a review petition against the order. The petition was submitted in November 2022 and was heard by a Bench of Justices Ajay Rastogi and Bela Trivedi on December 13. Additionally, several Public Interest Litigations (PILs) were filed challenging the remission.

On January 8, 2024, the Supreme Court delivered a landmark judgment, overturning the Gujarat Government’s decision to grant remission to the convicts.

QUESTIONS:

• Whether the Government of the State of Gujarat was competent to pass the impugned orders of remission?

• Whether the orders of remission were in accordance with law?

JUDGEMENT OF THE CASE:

The Supreme Court quashed the decision of the Gujarat Government to grant remission to the 11 convicts in the Bilkis Bano case. These individuals were serving life sentences for their roles in the gang rape of Bilkis Bano and the murder of seven of her family members during the 2002 Gujarat riots.

Justice B.V. Nagarathna confirmed that the reintegration of an accused back into society is indeed a constitutional right. However, she raised questions about whether convicts inherently have a fundamental right to seek remission.

She also questioned the Gujarat government’s approach to the application of the remission policy. She asked whether the Gujarat government was obligated to consider each remission application individually, rather than releasing the convicts collectively.

Furthermore, Justice Nagarathna inquired whether the Gujarat government was required to consult with the Union before releasing the 11 convicts. The court did not provide a direct response to this query in the available sources.

The court declared that the remission granted to the 11 convicts was a clear instance of a Supreme Court order being used to contravene the law. It stated that the Gujarat government lacked the authority to grant remission and emphasized that the rule of law must be upheld.

The Supreme Court determined that the Gujarat government did not have the competence to grant remission to the 11 convicts. It overruled the Gujarat government’s 2022 decision, asserting that the case was beyond the state’s jurisdiction.

The Supreme Court’s verdict is viewed as a crucial advancement towards justice for Bilkis Bano. The decision highlighted the importance of the rule of law and the necessity for careful examination in the implementation of remission policies.

These rulings underscore the significance of the rule of law and the need for meticulous scrutiny in the application of remission policies. The Supreme Court’s verdict is seen as a crucial advancement towards justice for Bilkis Bano.

WRITTEN BY: AKSHAYA ZAVAR

The Supreme Court of India

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