The Supreme Court has set aside the remission order of 11 convicts sentenced to life imprisonment for the gang rape of Bilkis Bano and murder of her family during the 2002 Gujarat riots. The remission order was passed by the Gujarat government in August 2022.

Article 72 and 161 of the Constitution provide powers to the President and Governor respectively to grant pardon, commutation, remission, respite or reprieve to a convict. These powers are vested in the heads of the Union and State executive to be exercised on the advice of the council of ministers.

The appropriate State government can also remit the whole or part of the punishment to which a convict has been sentenced. In the case of life imprisonment convicts, this remission can only be done after a period of 14 years in jail.

In this particular case, the Supreme Court ruled that the Gujarat government is not the appropriate authority to consider the remission petition. The Court held that the May 2022 order of the Supreme Court, directing the Gujarat government to consider the remission petitions, was obtained through fraud and suppression of facts. The Court ordered the surrender of all the 11 convicts before jail authorities within two weeks. The Court further stated that the appropriate government for considering the remission petitions in this case is Maharashtra.

The Supreme Court’s ruling reinforces faith in the judicial system and the rule of law. It sets aside a blatantly perverse order and ensures that such heinous crimes that impact society at large receive no mercy. It is expected that the Maharashtra government will consider the remission petitions in accordance with the law and the guidelines laid down by the Court.