Bilkis Bano Case

Context:

• The Supreme Court cancelled the remission granted by the Gujarat Government to 11 people in the Bilkis Bano case and directed them to return to prison.

What is the Bilkis Bano Case?

2002	Sabarmati train was burnt in Godhra leading to widespread riots in Gujarat. Bilkis, her mother, and 3 other women were gang-raped by about 20-30 people.
2003	Supreme Court ordered CBI Inquiry
2004	The people accused of the crime were arrested. Also, the trial was moved from Gujarat to Maharashtra as Bilkis Bano received death threats.
2008	Special CBI Court sentenced 11 accused to life imprisonment.
2017	Bombay High Court said no to their appeals.
2019	Supreme Court upheld the High Court order and even compensated Bilkis Rs 50 lakh.
May 2022	One of the convicts applied for Remission and Supreme Court asked the Gujarat government to consider this case as per the state’s 1992 remission policy.
August 2022	The Gujarat government released all 11 convicts in the gangrape case under its remission policy.

What is Remission?

1. Remission means completely ending a punishment earlier than its originally determined duration.
2. Under Article 72 and Article 162, the President and Governor are authorised to provide remission to those who have already served a minimum of 14 years in prison.
3. Supreme Court in the 'Laxman Naskar v. Union of India' case (2000) provided the following guidelines for granting remission:
   1. If the crime is an individual act and does not affect society.
   2. If the likelihood of that crime getting repeated is very low.
   3. If the person loses the ability to commit a crime.
   4. If keeping keeping the person in prison serves no purpose.
   5. If the socio-economic situation of the person’s family is not good

What is the recent judgement of the Supreme Court?

1. Supreme Court criticised its own judgement of May 2022.
2. The court said that the Gujarat government could not issue the remission order since the trial happened in Maharashtra. Only the state where the trial occurred should release criminals.
3. In the words of the Supreme Court, “Rule of law must be preserved unmindful of the ripples of the consequences”. It means that the fundamental principles and integrity of the legal system should not be compromised at any cost.

Must Check: Best IAS Coaching In Delhi