The Supreme Court on Monday quashed the remission granted by the Gujarat government to the 11 convicts of the 22-year-old Bilkis Bano gangrape case, ordering them to report back to authorities within two weeks.
What’s Next for the Convicts of Bilkis Bano Gangrape Case?
The 11 men convicted of raping then five-month pregnant Bilkis Bano and killing her family members during the 2002 communal riots in Gujarat walked out of prison on August 15, 2022, when the Gujarat government granted them remission.
The 11 convicts now have a few options before them including approaching the Maharashtra government with a request for remission of their sentences and filing a review petition before the Supreme Court.
ALSO READ: Bilkis Bano Case: Complete Timeline of Events from 2002 Riots to SC Verdict
The Supreme Court, on January 8, 2023, overturned the Gujarat government’s decision ruling that the state, where an offender is tried and sentenced, is only competent to decide the remission plea of convicts. Since the trial and conviction took place in the Bombay High Court, Maharashtra was the competent government to grant remission in this case.
According to an Indian Express report, while the convicts may approach the Maharashtra government in future, the state has its own remission policy. According to the Maharashtra Government Resolution (GR) dated April 11, 2008, the minimum sentence prior to any remission is at least 18 years.
However, a separate clause in the policy for brutal crimes against women, says convicts would be eligible for remission only after serving 28 years in prison.
If the convicts of the Bilkis Bano case decide to approach the Maharashtra government, this clause is most likely to apply in their case, according to a report in Bar and Bench. This, however, means that the convicts will have to serve time in jail for another 12 years, till 2036.
According to a report in First Post, the other option the convicts can exercise is to file a review petition before the Supreme Court. The apex court, however, doesn’t necessarily entertain all review petitions filed, which are heard by the same bench that had passed the judgement.
A review petition, which has to be filed within 30 days of the pronouncement of the verdict, can be filed on three grounds:
- Discovery of any new information or evidence
- If some mistake or error on the face of the record is discovered
- Any other sufficient reason the Court might find fit
Comments
0 comment