Supreme Court Questions Convicts’ Right to Seek Remission: Bilkis Bano Gangrape Case
In a recent development, the Supreme Court raised the question of whether convicts have a fundamental right to seek remission. This inquiry comes as the apex court hears petitions challenging the premature release of 11 convicts involved in the Bilkis Bano gangrape case and the murder of seven of her family members during the 2002 Gujarat riots. The court, comprising Justices BV Nagarathna and Ujjal Bhuyan, asked a lawyer representing one of the convicts if seeking remission is a fundamental right under Article 32 of the Constitution, which grants citizens the right to move the SC directly if their fundamental rights are infringed. The lawyer responded stating that it is not a fundamental right of the convicts to seek remission.
Additionally, the lawyer emphasized that the victims and their counsel do not have the right to directly approach the apex court under Article 32, as no fundamental right of theirs has been violated. Instead, the victims can exercise other statutory rights to challenge the grant of remission. Another senior lawyer representing a convict argued that the grant of remission the competent authority is subject to judicial review before high courts under Article 226 of the Constitution. This article empowers high courts with the authority to issue orders or writs, including habeas corpus, for the enforcement of fundamental rights.
During the hearing, the bench expressed concerns about whether the rules have been followed in granting remission. The lawyer representing the convicts responded stating that if such a question arises, the matter should be challenged in the high court rather than directly in the Supreme Court. The bench objected to a lawyer’s submission that after conviction, whether right or wrong, a court, including the Supreme Court, and the completion of the sentence, it is not open to challenge the grant of remission. The bench clarified that the convicts have been rightfully convicted.
The lawyer representing the convicts further argued that the balance of convenience should lean more towards the convicts since they have already served their sentences. He emphasized that criminal jurisprudence is based on the idea of reformation and that the nature and severity of the crime should not be taken into account at this stage, but rather the conduct of the convicts in jail.
The arguments on behalf of the convicts concluded on Wednesday, and the court is now scheduled to hear rejoinder submissions from Bilkis Bano’s counsel and others on October 4 at 2 pm. Previously, the court had observed that some convicts appeared to be “more privileged” and enjoyed the benefit of remission.
Senior advocate Siddharth Luthra, representing convict Ramesh Rupabhai Chandana, argued that the grant of remission for the reformation and rehabilitation of convicts is an internationally settled position. Luthra rejected the argument put forth Bilkis Bano and others that he cannot be granted relief due to the heinous nature of the offense, asserting that this cannot be invoked after the executive has already made a decision.
During the proceedings, TMC MP Mahua Moitra highlighted that the gangrape of Bilkis Bano and the murder of seven of her family members constituted a “crime against humanity.” She accused the Gujarat government of failing to fulfill its constitutional duty to protect the rights of women and children granting remission to the 11 convicts involved in the “horrendous” case.
Apart from the petition filed Bilkis Bano contesting the remission granted to the convicts, several other PILs have also challenged the decision. These include petitions CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma. Moitra has also filed a PIL against the remission.
Bilkis Bano was just 21 years old and five months pregnant when she was gangraped while fleeing the communal riots that erupted after the Godhra train-burning incident. Additionally, her three-year-old daughter was among the seven family members killed in the riots.
(This story has not been edited News18 staff and is published from a syndicated news agency feed – PTI)