Bilkis Bano Case

In 2002, during the Gujarat riots, Bilkis Bano, a pregnant woman, endured a brutal gang rape, and seven of her family members were mercilessly murdered.

Legal Conviction:

Following the gruesome crimes, eleven men were found guilty and sentenced to life imprisonment.

Controversial Release:

In August 2022, the Gujarat government sparked controversy by granting remission to all eleven convicts, allowing their early release.

Supreme Court Ruling:

The Supreme Court declared the government's remission order "illegal and vitiated," highlighting two key reasons for its decision.

Jurisdictional Error: The Court determined that the Gujarat government lacked jurisdiction to decide on remission, as the trial occurred in Maharashtra. Only the Maharashtra government had the authority to grant or deny such relief.

Due Process Shortcomings: The Court criticized the Gujarat government for a "stereotyped" decision lacking careful consideration of the severity and impact of the crimes on the victim.

Enforcement of Verdict:

The Supreme Court mandated the eleven convicts to surrender to jail authorities within two weeks, ensuring they serve their full life sentences.

Impact and Significance:

The verdict is celebrated as a triumph for justice and Bilkis Bano, underscoring the importance of due process and victims' rights.

Debates on Remission Power:

The case triggered discussions on the broader issues of remission and the discretionary power of state governments in releasing convicts early.

Noteworthy Hearing:

The Court, during an eleven-day hearing, considered multiple petitions challenging the remission order, including one from Bilkis Bano herself, highlighting the case's complexity and significance.

The Basics :The Code Of Criminal Procedure, 1973

432. Power to suspend or remit sentences.

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without Conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the. presiding Judge of the Court before or by which the con-

viction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, In the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and-

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.

(6) The provisions of the above sub- sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his property.

(7) In this section and in section 433, the expression" appropriate Government" means,-

(a) in cases where the sentence is for an offence against, or the order referred to in sub- section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.

The Constitution Of India

Article 142

Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself

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