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SC Quashes Remission Awarded To 11 Convicts In Bilkis Bano Case, Orders Surrender In Two Weeks

The ruling was delivered by a bench of Justices BV Nagarathana and Ujjal Bhuyan, who ruled that Bilkis Bano's petition challenging the early release of 11 convicts was lawful. The Supreme Court stated that rulings had been made by the lower and higher courts of both states (Maharashtra and Gujarat).  There appears to be no need for any form of intervention in such a situation. 

Edited By : simran rajpal | Updated: Feb 5, 2024 02:19 IST
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Supreme Court on Bilkis Bano Case
Supreme Court on Bilkis Bano Case

The Supreme Court has issued its decision on the early release of the defendants in the Gujarat Bilkis Bano case. The Supreme Court has overturned the decision to release the perpetrators. The petition was deemed worthy of hearing by the court. Women, according to the Supreme Court, deserve to be respected. The state is “incompetent” to make such a decision, and it is a “fraudulent act.”

Also Read: ‘Will You Compare Apples And Oranges?’ : Supreme Court Asks Reasons To Gujarat Gov For Early Remission Of Convicts In Bilkis Bano Case

The ruling was delivered by a bench of Justices BV Nagarathana and Ujjal Bhuyan, who ruled that Bilkis Bano’s petition challenging the early release of 11 convicts was lawful. The Supreme Court stated that rulings had been made by the lower and higher courts of both states (Maharashtra and Gujarat).  There appears to be no need for any form of intervention in such a situation. 

What did the Supreme Court Say on the Remission? 

The Gujarat government released all 11 convicts sentenced to life in jail in the Bilkis Bano gangrape case in August 2022. The offenders’ release was contested in the Supreme Court. The perpetrators of Bilkis will now face prison time as a result of the Supreme Court’s ruling.

The Supreme Court stated, “Our findings are based on this court’s order of May 2022.” Respondent No. 3 failed to disclose that his petition under Section 437 of the CrPC had been rejected by the Gujarat High Court. Respondent No. 3 also failed to disclose that the premature release application had been submitted in Maharashtra rather than Gujarat. The Supreme Court also stated that by concealing crucial facts and fabricating false facts, a request was filed on behalf of the convict to direct the State of Gujarat to consider pardoning him.

The ruling was delivered by a Supreme Court panel comprised of Justices BV Nagarathna and Ujjal Bhuyan. On October 12, last year, the bench reserved its decision on the matter. The case was heard in court for 11 days in a row. During the hearing, the Central and Gujarat governments provided original records about the remission of the perpetrators’ punishment. The Gujarat administration justified the reduction in sentences for the perpetrators. The Supreme Court has also questioned the offenders’ early release.

“Right to seek forgiveness”

Previously, on September 30, 2022, the Supreme Court questioned whether the perpetrators have the fundamental right to seek forgiveness. This right should not be granted on a case-by-case basis. Earlier, senior advocate Siddharth Luthra, who was representing one of the convicts, stated that the remission judgment has given the convict a new light of hope for reintegration into society and that he laments the terrible circumstances that have caused him sorrow. Luthra defended the inmates’ early release, claiming that the Supreme Court addressed the problem in its order dated May 13, 2022.

Also Read:  Bilkis Bano Rape Case: Special SC Bench To Be Constituted Over Release Of Convicts

First published on: Jan 08, 2024 12:26 PM IST

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