Supreme Court Holds State of Gujarat Incompetent to Pass Remission Orders in Bilkis Bano Case

January 8, 2024

The Supreme Court of India has made a landmark decision in the Bilkis Bano case, ruling that the State of Gujarat was not competent to pass the remission orders. The verdict, announced on January 8, 2024, has significant implications for the criminal justice system and human rights in the country.

Background

Bilkis Bano, a survivor of the 2002 Gujarat riots, was gang-raped and witnessed the brutal murder of her family members. The case gained national and international attention due to the heinous nature of the crimes committed against her. In 2008, a trial court in Mumbai convicted 11 individuals for the crimes, including police officers and doctors who had attempted to cover up the evidence.

The Remission Orders

In 2019, the State of Gujarat passed remission orders, reducing the sentences of the convicted individuals. This decision sparked outrage and raised questions about the government’s commitment to justice for survivors of the Gujarat riots. Bilkis Bano and human rights organizations challenged the remission orders in the Supreme Court.

The Supreme Court’s Verdict

In a unanimous decision, the Supreme Court held that the State of Gujarat did not have the authority to pass the remission orders. The court stated that the power to grant remission lies with the executive branch of the central government, not the state government. The verdict reaffirms the principle of federalism in India and clarifies the division of powers between the central and state governments.

The court further emphasized that the State of Gujarat’s decision to pass the remission orders was arbitrary and violated the rights of the survivors. The judges highlighted the need for transparency, accountability, and respect for the rule of law in the criminal justice system.

Impact on the Criminal Justice System

The Supreme Court’s verdict in the Bilkis Bano case has far-reaching implications for the criminal justice system in India. It reiterates the importance of upholding the rights of survivors and ensuring that perpetrators of heinous crimes are held accountable.

The decision also serves as a reminder of the need for reforms in the process of granting remission. The court’s ruling clarifies that the power to grant remission rests with the central government, providing clarity and preventing potential misuse of power by state governments.

Human Rights and Justice

The verdict in the Bilkis Bano case is a significant victory for human rights in India. It sends a strong message that justice cannot be compromised, especially in cases involving violence against marginalized communities.

The Supreme Court’s decision reaffirms its commitment to protecting the rights of survivors and ensuring that the rule of law prevails. It sets a precedent for future cases and reinforces the importance of holding perpetrators accountable for their actions.

Conclusion

The Supreme Court’s verdict in the Bilkis Bano case is a landmark decision that highlights the importance of upholding human rights and ensuring justice for survivors of heinous crimes. The ruling clarifies the division of powers between the central and state governments and emphasizes the need for transparency and accountability in the criminal justice system. This verdict will have a lasting impact on the pursuit of justice in India and serves as a reminder of the importance of safeguarding human rights in the country.

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#BREAKING #SupremeCourt holds that the State of Gujarat was not competent to pass the remission orders in the #BilkisBano case. https://t.co/VC0uYodmbx

— Live Law (@LiveLawIndia) January 8, 2024

Source

@LiveLawIndia said #BREAKING #SupremeCourt holds that the State of Gujarat was not competent to pass the remission orders in the #BilkisBano case. twitter.com/LiveLawIndia/s…

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