Bilkis Bano Case: SC set aside the remission of 11 convicts directing them to report to the concerned jail authorities within two weeks from today

Today, the Supreme Court (SC) of India delivered the most-awaited judgment, Bilkis Yakub Rasool vs. Union of India & Others, on a plea filed by Bilkis Bano against the remission and pre-mature release of 11 convicts, who were found guilty of committing heinous crimes during the 2002 Gujarat riots. The bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan set aside the remission of 11 convicts, who were sentenced to life imprisonment for multiple murders and gang rapes including of Bilkis Bano. The bench ordered that the 11 convicts should report to the concerned jail authorities within two weeks from today (January 08, 2024). While quashing the remission of all the convicts, the SC held that the Gujarat Government was found to be incompetent in granting remission as the trial was held in the State of Maharashtra. Earlier on October 12, 2023, the SC bench reserved the judgment after hearing the contentions and arguments for 11 days. 

While delivering the judgment, Justice Nagarathna observed, “This will be a transgression of the rule of law. Deprivation of liberty to the convicts is justified…Rule of law does not mean the protection of a fortunate few.” The bench added, “One cannot lose sight of the fact that the said respondents (11 convicts) were all in prison for a little over fourteen years (with liberal paroles and furloughs granted to them from time to time). They had lost their right to liberty once they were convicted and were imprisoned. But, they were released pursuant to the impugned remission orders which have been quashed by us. Consequently, the status quo ante must be restored. We say so for another reason in the event respondent Nos. 3 to 13 are inclined to seek remission in accordance with law, they have to be in prison as they cannot seek remission when on bail or outside the jail. Therefore, for these reasons, we hold that the plea of ‘protection of the liberty’ of respondent Nos.3 to 13 cannot be accepted by us.”

Concluding the judgment, the SC bench said, “We wish to emphasize that in the instant case rule of law must prevail. If ultimately rule of law is to prevail and the impugned orders of remission are set aside by us, then the natural consequences must follow. Therefore, respondent Nos. 3 to 13 are directed to report to the concerned jail authorities within two weeks from today.” Bilkis Bano, the rape survivor, was represented by Advocate Shobha Gupta. Additional Solicitor General SV Raju appeared for both the Union of India and the State of Gujarat. Senior Advocate Indira Jaising, Advocate Aparna Bhat, Advocate Pratik R Bombarde, Advocate Vrinda Grover, and Advocate Nizamuddin Pasha appeared for various public interest litigants. Senior Advocate (SA) Sidharth Luthra, SA S Guru Krishnakumar, SA Rishi Malhotra, Advocate Sonia Mathur, and others represented the now-released convicts.