Mumbai, January 8, 2024: In a landmark decision, the Supreme Court of India on Monday quashed the premature release of 11 men convicted in the 2002 gang rape of Bilkis Bano and the murder of her family members. The convicts, who were released by the Gujarat government in August 2022, have been ordered to report back to jail within two weeks.
Key Takeaways:
The Supreme Court ruled that the Gujarat government lacked jurisdiction to grant remission in the case, as the trial and sentencing took place in Maharashtra. This "usurpation of power" by Gujarat was deemed an "abuse of discretion."
The court clarified that under Section 432(7)(b) of the Code of Criminal Procedure, only the state where the offense occurred or where the convicts are imprisoned holds the authority to grant remission. In this case, that power rested solely with Maharashtra.
The order granting remission in May 2022 was nullified due to misrepresentation and suppression of facts by the respondents, amounting to "fraud." The court emphasized that justice requires adherence to legal procedures and proper jurisdiction.
While acknowledging the convicts' plea for empathy based on their time served, the court refused to invoke Article 142 of the Constitution to allow their continued freedom.
The Supreme Court's decision upholds the principles of rule of law and judicial oversight, prioritizing due process and legal jurisdiction in the face of emotional appeals.
Further Details:
The judgment, delivered by Justice B.V. Nagarathna, emphasizes the importance of following established legal procedures and respecting jurisdictional boundaries in determining remission eligibility.
The court also addressed concerns raised by petitioners, including the objections of the trial judge and Central Bureau of Investigation regarding the premature release.
The order effectively reinstates the life sentences originally imposed on the convicts, requiring them to return to prison while seeking fresh remission through Maharashtra's appropriate channels.
This verdict stands as a significant reaffirmation of legal principles and judicial authority in safeguarding justice and ensuring due process, even in sensitive and high-profile cases.
Additional Notes:
This news article can be used as a reference for journalists and news publications looking for a professional and accurate summary of the Supreme Court's decision in the Bilkis Bano case.
The headings and subheadings provide clear organization and highlight key points for readers.
The article avoids unnecessary emotional language and focuses on factual reporting and legal details.