Bilkis Bano Case

10 Jan Bilkis Bano Case

This article covers ‘Daily Current Affairs’ and the topic details of ‘‘Supreme Court overturned remission given to 11 men sentenced in the Bilkis Bano Gangrape Case.’’ This topic is relevant in the “Executive & Judiciary” section of the UPSC CSE exam.

Why in the News?

The Gujarat government’s remission of 11 convicted criminals in the case of Bilkis Bano has been overturned by the Supreme Court. These prisoners were ordered by the supreme court to report to the jail administration in  two weeks.

About the case?

• A small group of individuals attacked Bikinis Bano and the rest of her family following the 2002 Godhra riots in Gujarat.
• After a vicious gangrape, seven of Bilkis’ family members were killed.
• Only a three-year-old, a man, and Bilkis made it out of the attack alive.
• The National Human Rights Commission (NHRC) took up her complaint, and the Supreme Court ordered the CBI to conduct an investigation.
• The case was transferred from Gujarat to Mumbai, where accusations were brought against these individuals, due to recurrent threats of death.
• A special CBI court in Mumbai had convicted all eleven suspects to life in jail in January 2008.

Release of the convicts : 

• After serving 15 years and 4 months of his life sentence, one of the prisoners, Radheshyam Shah, appealed to the SC in 2022 in order to be released early.
• The Gujarat government was given this case by the Supreme Court in May 2022 and  then SC requested that the Gujarat government take Shah’s request for an early release into account in accordance with the state’s 1992 remission policy.
• With its remission policy, the Gujarat government freed all 11 of the gangrape case’s inmates on August 15, 2022.
• But this decision provoked a strong outcry from the people and led to petitions from opposing Members of Parliament.
• Review Bilkis Bano’s petition – In order to evaluate the Gujarat government’s decision to order the release of the 11 gangrape convicts, Bilkis Bano, the defendant, filed a petition for review with the Supreme Court in 2022.The present ruling was rendered in reaction to the Bano’s review petition.

Current judgement of Supreme Court 

• Since the trial took place in Maharashtra, the Gujarat government didn’t qualify as the proper government to issue the remission order. There is incompetence in the exemption order. Only the state where they are prosecuted has the authority to release criminals.
• The bench further declared that deception and the omission of facts were used to attain the May 13, 2022, SC order.
• The Gujarat government needs to have submitted a plea arguing that they are not the appropriate government and asking for a reconsideration of the 2022 judgement.
• In May 2022, the Supreme Court severely disregarded its own ruling. The SC decided in May 2022 that two separate states cannot have simultaneous authority over the matter of remission.
• The policy in effect in the State where the crime was committed must be taken into consideration when deciding whether to release a criminal early. Therefore, the Gujrat government’s remission policy was used to have these prisoners released.

What is remission?

A sentence that ends completely at a reduced point is called a remission. It is different from both furlough and parole because it is a sentence reduction rather than a release from incarceration.

Constitutional provision about remission – 

• The Constitution grants the sovereign power of pardon to both the President and the Governor.
• According to Article 72, the President may pardon, reprieve, respite, or remit punishment, or he may suspend, remit, or commute the sentence of any individual found guilty of any offence – 

                                            (a) in any situation in which the prison term or sentence was handed down by a court martial (b) in all situations where the sentence consists of the death penalty (c) in all situations where the penalty or punishment is death. 

• A Governor under “Article 161”,can  pardon, reprieve, respite, or remit the punishment, as well as suspend, remit, or commute the sentence.

Statutory remission authority – 

• The “Code of Criminal Procedure (CrPC)” allows for prison term remission. This is due to the fact that prisons are a state subject. Although the Bharatiya Nagarik Suraksha (Second) Sanhita is planned to succeed the CrPC. The law was successfully approved by Parliament and had received the President’s approval, but it has yet to go into effect.
• Section 432 – The ‘relevant government’ may suspend or remit a sentence, in whole or in part, with or without restrictions,
• Section 433 – The appropriate authorities can commute any sentence to a lighter one.
• State governments have this authority, which allows them to order the release of prisoners before their sentences are completed.

Case law related to remission : 

The Supreme Court established five grounds for remission in ‘Laxman Naskar v. Union of India‘ (2000) – 

1. Whether that offence is a single act of crime which has no societal impact.
2. Is there a probability that the crime may be committed in the future?
3. Whether the convicted person has perished the ability to conduct crime
4. Whether there is any benefit in retaining the offender in prison.
5. The convict’s and his / her family socio-economic situation

Conclusion : 

The ruling explains who has jurisdiction in remission matters, emphasising the significance of due process and legal conformity. This decision establishes an example for future remission cases, emphasising the importance of carefully considering the nature of the offence and its societal impact in such determinations.

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Prelims practice question –

Q1) Which constitutional principle is often invoked when exercising remission power?

1. Rule of Law
2. Separation of Powers
3. Due Process
4. Federalism

Answer: B

Q2) The remission power is primarily exercised in cases related to:

1. Civil offenses
2. Constitutional violations
3. Criminal offenses
4. Administrative misconduct

Answer: C

Mains practice question : 

Q1) Discuss the significance of the remission power in the criminal justice system and its role in ensuring fairness and rehabilitation. 

Q2) Explore the balance required between executive discretion and the principles of justice, taking into account potential abuse of the remission power.

Himanshu Mishra

I am a content developer and have done my Post Graduation in Political Science. I have given 2 UPSC mains, 1 IB ACIO interview and have cleared UGC NET JRF too.