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The Supreme Court on Monday, 8 January, quashed the Gujarat government's decision to grant remission to 11 convicts sentenced to life term in the Bilkis Bano case, Live Law reported.
What was said: While pronouncing the order, the apex court stated that the government to decide the remission is the state within whose jurisdiction the accused were sentenced, and not the state within whose territory the offence was committed.
Hence, the government to pass the remission orders would be the Maharashtra government, the bench said.
The court also directed the convicts to report to jail authorities in the next two weeks.
In October 2023, the apex court had reserved its verdict after a 11-day hearing of the pleas challenging the government's decision.
The case: On 15 August 2022, the Gujarat government granted remission and released eleven men, sentenced to life for the gang rape of then 21-year-old Bano, and the murder of seven of her family members during the 2002 Gujarat riots.
Who filed the petitions? Besides the petition filed by Bano against the remission, several other Public Interest Litigations (PILs) were filed by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, former vice-chancellor of Lucknow University Roop Rekha Verma, and TMC leader Mahua Moitra, challenging the relief.
What did the SC say? While reserving the judgment, the apex court directed the Centre and the Gujarat government to submit by October 16 2023, the original records related to the remission of sentence of the 11 convicts.
During the hearings in September 2022, the SC observed that state governments should 'not be selective in granting remissions to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.'
In 2022, the Gujarat government told the SC that the Centre had given a go-ahead for the premature release of the 11 convicts, while the Central Bureau of Investigation (CBI) had opposed it.
More details: On 3 March, 2002, Bilkis Bano's family was attacked by a mob at Randhikpur village in Limkheda taluka of Dahod district during the post-Godhra riots.
The Supreme Court had in April 2019 directed the Gujarat government to give Rs 50 lakh compensation, a job and accommodation to Bilkis.
The 11 convicts who walked out of the jail were convicted for gang rape of a pregnant woman, murder and unlawful assembly under sections of the Indian Penal Code.
The Quint had earlier reported that 10 of the convicts were out of prison for more than 1,000 days each before the remission was approved.
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Published: 08 Jan 2024,10:05 AM IST