Editorial: Correcting the wrong

By quashing Gujarat govt’s decision to grant remission to 11 convicts in the Bilkis Bano case, the SC has restored public faith in the system

What was clearly a travesty of justice has now been corrected. By quashing the Gujarat government’s decision to grant remission to 11 convicts in the Bilkis Bano case, the Supreme Court has restored public faith in the system. The apex court’s verdict is truly reassuring. At the peak of anti-Muslim riots in Gujarat in 2002, a pregnant Bilkis Bano was gang-raped and seven of her family members were murdered. However, in an outrageous move in August 2022, the Gujarat government granted remission and prematurely released the convicts who were sentenced to life imprisonment for committing the heinous crimes. Ironically, the convicts were released on Independence Day. The State government had gone by the 1992 remission policy, which was in force when the conviction took place in 2008, and not the 2014 policy, which forbids the release of rape-murder convicts. The SC has rightly pointed out that the state government had usurped power not vested in it. Calling this an instance of abuse of power, the Supreme Court said it was the government of Maharashtra where the trial and sentencing took place that was competent to take a decision on the remission plea of the convicts. The ruling is a major embarrassment not only for the Gujarat government but also for the Centre. In October 2022, the State government had told the apex court that it had decided to release the convicts primarily due to three reasons: they had completed 14 years or more in prison; their conduct was found to be good; and the Centre had conveyed its ‘concurrence/approval’ regarding their premature release.

The convicts had been freed despite the CBI’s contention that the offences committed were heinous, grave and serious and hence no leniency may be given to them. What was more appalling was that the convicts were greeted with garlands and sweets after they walked out of the Godhra sub-jail. The court verdict is a stern reminder to the State and Central governments that they can’t make a mockery of law and justice and get away with it. There is an urgent need for amendments to the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to prevent those charged with rape from getting remission under any circumstances. Though the power of remission is subject to judicial review and the victim can approach the high court or the Supreme Court, the process is fraught with concerns for the victim’s safety because of fear of reprisal. The anger and sense of frustration felt by the victim and her family is understandable. The attack on Bilkis Bano and her family was one of the most horrific crimes during the riots, which began after 60 ‘Kar Sevaks’ died in a fire on a passenger train in Godhra town. What followed the Godhra tragedy became one of the darkest chapters in India’s history.

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