Bilkis Bano: We will decide on law, not emotions: Supreme Court issue notice on plea against convicts' remission

The Supreme Court on Monday issued notice in a slew of writ petitions challenging the decision of the Gujarat government to grant remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots..In response to a claim that the petitions were emotional pleas, the Bench of Justices KM Joseph and BV Nagarathna said during the hearing,"We are only on legal and law and nothing to do with emotions."The Court said that the crime against Bano and her family members was a horrendous one but underlined during the course of the hearing that the matter will be decided on the basis of law.Bano herself is one of the petitioners while the other matters are in the nature public interest litigation (PIL). .At the outset of today's hearing, the Court asked the petitioners,"What is the broad line of submission that you will take? Since power under (Section) 432 (CrPC) has been excercised by State of Gujarat...did Supreme Court direct Gujarat to take a decision?"The Bench was informed that the apex court had dismissed the review petitions filed in the case, and that curative petitions were subsequently filed..Advocate Shobha Gupta, appearing for one of the petitioners said,"The jurisdiction with the State here was Maharashtra and not Gujarat. Here please look at the impact of the crime on the society... 8 minors were there in the crimes committed in this case."Advocate Vrinda Grover added,"Remission cannot be on substantive sentence...the substantive sentence is on 14 counts of murder and 3 counts of rape...Fine has been imposed as per checklist and that has not been paid..It comes to ₹34,000 and in default, 34 years...It is undisputed that fine is not paid and in default there is 34 years sentence to be served.. Then how has remission been granted at all?"Grover added that while on parole, the convicts had also been charged for molestation..Justice Nagarathna then asked,"What about the remission...apart from jurisdiction...is remission based on the policy?"Advocate Rishi Malhotra, appearing for one of the convicts, argued,"This Court had held that remission which exists during conviction has to be adopted...so it is the 1992 one. Here, another thing is that the first five petitions have to go out since they are social activists and it will have to be dismissed since they dont have locus standi. Article 32 in criminal matters cannot be entertained."Justice Joseph responded,"What about the State of Gujarat exercising the power without having the jurisdiction to do so? Or just with the cloak of power? Has the Court held that it can act without jurisdiction? Look at the Antulay case and how there was no jurisdiction and can Supreme Court cloak the body with the power and jurisdiction?".Towards the end of the hearing, Senior Advocate Abhishek Manu Singhvi weighed in, saying,"Under Section 432(2), this court asks and gives weight to the opinion of the judge who has convicted. Please see what the judge wrote...no weight given to him. The post-release conduct of the convicts saw them give death threats to the victim, which has been brushed aside by the prosecution. This is a death knell."Senior Advocate Kapil Sibal added,"We are saying grounds of remission are alien to the statute, and on this ground, PIL will lie and we are not seeking prosecution. This Court has to now lay down the broad contours of granting remission. This is not an ordinary case...matter was transferred from Gujarat to Maharashtra because there was no confidence in Gujarat...and now same State is deciding remission. What is this?".The Court proceeded to issue notice in all pleas, including Bano's. The matter will be next heard on April 18..The Court had, on August 25 last year, sought the response of the Gujarat government on some of the pleas.The 11 convicts who were set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.Bano was gang-raped in the aftermath of the 2002 riots and her three-year-old-daughter was among twelve people killed by a mob.In January 2008, a special CBI court convicted thirteen accused, out of which eleven were sentenced to life imprisonment on charges of gang-rape and murder.In May 2017, the conviction order was upheld by the Bombay High Court. In 2019, the Supreme Court directed the State of Gujarat to provide ₹50 lakh compensation to Bano as well as a government job and accommodation.However, the top court, on May 13 last year, ruled that remission of the convicts in the case should be considered as per the the policy existing at the time of conviction in the State where the crime was actually committed.Pursuant to that judgment of the top court, the Gujarat government granted remission to 11 convicts. The convicts, who had been sentenced to life imprisonment, were released by the Gujarat government ahead of the 2022 assembly polls in the State. .In December last year, a bench led by Justice Rastogi had dismissed the review petition filed by Bano challenging the apex court's May 2022 judgement..[Read order]