Supreme Court to Determine Fundamental Right to Seek Remission in Bilkis Bano Case
The Supreme Court has taken up petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case and the murder of seven of her family members during the 2002 Gujarat riots. During the hearing, the court questioned whether convicts have a fundamental right to seek remission under Article 32 of the Constitution, which grants citizens the right to move directly to the Supreme Court if their fundamental rights are violated. The convicts’ lawyer argued that seeking remission is not a fundamental right. Additionally, the lawyer stated that Bilkis Bano and the other victims do not have the right to file a petition under Article 32 as their fundamental rights have not been infringed. However, the victims can challenge the grant of remission through other statutory rights.
Another lawyer representing one of the convicts asserted that the grant of remission by the competent authority can be reviewed by the high courts under Article 226 of the Constitution. The bench raised concerns about whether remissions were granted following proper rules. The lawyer replied that if this question arises, then remission should be challenged in the high court and not directly in the top court under Article 32. The bench objected to the lawyer’s argument that once an accused is rightly convicted by a court, including the Supreme Court, and has served the sentence before being granted remission, it is not open to challenge.
The convicts’ lawyer highlighted that the balance of convenience favors the convicts, as they have already served their sentences. He emphasized that the focus should be on the conduct of the convicts in jail rather than the nature and severity of the crime. The arguments on behalf of the convicts concluded on Wednesday, and the court will now hear rejoinder submissions from Bilkis Bano’s counsel and others on October 4th at 2 pm. The court had previously observed that some convicts are “more privileged” and secure the benefit of remission.
Senior advocate Siddharth Luthra, representing one of the convicts, argued that the grant of remission for reformation and rehabilitation is an internationally recognized principle. He countered the argument that he could not be granted relief due to the heinous nature of the offense, stating that this cannot be invoked after the executive has already made a decision. Luthra pointed out that a Mumbai sessions court had carefully considered the state’s actions, and the convicts were given a life term without any conditions.
Earlier, on August 17, the Supreme Court urged state governments to avoid selectivity in granting remission and emphasized the importance of providing every prisoner an opportunity for reform and reintegration into society. TMC MP Mahua Moitra, in her submission to the court, described the gangrape of Bilkis Bano and the murder of her family members as a “crime against humanity.” She accused the Gujarat government of failing to protect the rights of women and children by granting remission to the convicts in such a horrendous case.
Apart from Bilkis Bano’s petition opposing the grant of remission, several other public interest litigations (PILs) filed by individuals such as CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma have also challenged the remission. Moitra has also filed a PIL against the remission.
Bilkis Bano was 21 years old and pregnant when she was gangraped during the 2002 Gujarat riots. Her three-year-old daughter was among the seven family members who were killed in the riots.
(Note: This news article is based on a syndicated news agency feed from PTI and has not been edited by News18 staff.)
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