BILKIS YAKUB RASOOL V/S UNION OF INDIA 2024/ INSC/2 (commonly known as - Bilkis Bano Case)
- In March 2002, during the Gujarat riots, Bilkis Bano, a 5-month pregnant woman, was gang-raped by 11 men. Seven of her family members, including her 3-year-old daughter, were brutally killed. Bilkis Bano fled the scene and eventually reached a police station, where she reported the crimes.
- Due to initial attempts to cover up the incident, the investigation was closed. Bilkis Bano challenged this closure in the Supreme Court, leading to the case being transferred to the CBI for further investigation. The Supreme Court in 2008, transferred the trial of the case from Gujarat to Mumbai. Following this, the Mumbai court convicted 13 individuals for their complicity in the gangrape and murder under various sections including sections related to murder (302), gang rape(376D), and destruction of evidence (201) of the Indian Penal Code and sentenced 11 convicts to life imprisonment.
- After their initial convictions, the convicted individuals pursued appeals in the Bombay High Court in 2008. Despite several legal challenges seeking to reverse the verdict, and notwithstanding the Central Bureau of Investigation's advocacy for capital punishment, the High Court reaffirmed its prior judgment in 2017, maintaining the life sentences for the 11 convicts.
- After serving a 15-year prison sentence, convict Radheshyam Shah pursued a petition for sentence remission before the Gujarat High Court. However, the High Court rejected his plea on grounds of jurisdictional limitations. Upon appeal to the Supreme Court, it was determined that the remission application fell within the purview of the Gujarat Government due to the offense's jurisdiction. Consequently, in adherence to the remission policy, the convicts were released by the Government in 15th August 2022.
- On 23rd August, 2022 Bilkis Bano contested the release in the Supreme Court, asserting that:
- The Gujarat government lacked the legal jurisdiction to grant remission as the offense transpired within the jurisdiction of Maharashtra.
- The gravity of the offenses and the absence of demonstrable remorse from the convicts warranted their continued detention.
- The remission process failed to adhere to principles of procedural fairness and transparency.
On January 8, 2024, the Supreme Court delivered a landmark judgment, overturning the release of the convicts and directing their return to incarceration.
- On 23rd August, 2022 Bilkis Bano contested the release in the Supreme Court, asserting that:
- The Gujarat government lacked the legal jurisdiction to grant remission as the offense transpired within the jurisdiction of Maharashtra.
- The gravity of the offenses and the absence of demonstrable remorse from the convicts warranted their continued detention.
- The remission process failed to adhere to principles of procedural fairness and transparency.
On January 8, 2024, the Supreme Court delivered a landmark judgment, overturning the release of the convicts and directing their return to incarceration.
- The Court's key findings were as follows:
- The Gujarat government lacked jurisdiction to grant remission in this case, given that the crime occurred within the territorial jurisdiction of Maharashtra.
- The decision to release the convicts disregarded the severity of the crimes and the societal conscience.
- The remission process was compromised by the suppression of essential information and the violation of principles of natural justice.
The Court criticized the release as reprehensible, shocking, and unsustainable, establishing a precedent for future cases involving remission for serious offenses.
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