Bilkis Bano case: SC affirms independence from public outcry in convicts' remission decision
New Delhi, August 09: Amid the outcry over the release of convicts in the Bilkis Bano gang-rape case linked to the 2002 Gujarat riots, the Supreme Court has emphasized that public protests and social sentiments won't sway its rulings. The court underscored that legal considerations solely guide its judgments.
The bench of Justices BV Nagarathna and Ujjal Bhuyan, while assessing the legality of the remission granted to the 11 convicts, clarified its stance on Tuesday. They stated that the court remains impervious to external influences and will adhere strictly to the law.
Responding to arguments presented by advocate Shobha Gupta, who represented Bilkis Bano, the court addressed the role of "public outcry" in the remission of convicts. Gupta contended that societal uproar should be a key factor in the remission process. She highlighted agitations and protests that arose nationwide when the convicts were released.
The court, however, underscored its independence from public sentiments, expressing that its decisions are rooted in legal principles. The judges inquired whether the absence of public outcry would imply an affirmation of a decision, or if outcry deems a decision erroneous.
The hearing continued with Bilkis Bano's counsel mentioning that the Additional Director General of Police, Prisons, and Correctional Administration, Gujarat, had offered a negative opinion regarding the remission for the convicts. Radheshyam Shah, one of the convicts, had also sought premature release through a writ petition.
The court questioned the appropriateness of the writ petition, as Shah had already availed a remedy under Article 226 (available to high courts for issuing orders, instructions, and writs).
Radheshyam Shah sought remission based on having served over 15 years in jail. His plea was prompted by the Gujarat government's policy on remission from July 9, 1992. The court had instructed the state government to decide on Shah's remission application within two months.
The bench further considered arguments on the locus standi of multiple individuals who filed PILs in the Bilkis Bano case. The PILs challenged the remission, with various petitioners, including CPI(M) leader Subhashini Ali, journalist Revati Laul, and TMC MP Mahua Moitra, questioning the release of the convicts.
The convicts were released on August 15, 2022, after having been sentenced in connection to the gang-rape and murder of Bilkis Bano's family members during the 2002 Gujarat riots. The court continues to deliberate on the legality of the remission granted to these individuals.
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- With inputs from agencies
