New Delhi, January 8, 2024 - The Supreme Court of India will deliver its much-awaited verdict today in the case challenging the premature release of 11 men convicted in the infamous Bilkis Bano gang rape and murder case of 2002. The pronouncement comes after months of intense arguments and scrutiny into the Gujarat government's decision to release the convicts, sparking nationwide outrage and raising critical questions about justice and legal procedures.
Uniformity in Remission Under Scrutiny:
At the heart of the arguments lies the critical question of whether the Gujarat government adhered to uniform standards while granting early release to the convicts. Senior advocate Shobha Gupta, representing Bilkis Bano, argued that the heinous nature of the crime itself disqualifies the convicts from leniency. Additionally, she challenged the state's jurisdiction, highlighting that the trial took place in Maharashtra, making their government the legitimate authority to decide on remission.
Competing Voices and Procedural Points:
Supporting Bano's claims, prominent lawyers like Kapil Sibal and A.M. Singhvi, along with Vrinda Grover, representing other petitioners, emphasized the disagreement expressed by both the trial judge and the Central Bureau of Investigation (CBI) regarding the convicts' release. This was countered by the Centre's approval of the early release proposal.
Unpaid Fine and Policy Questions:
Another key point raised by Grover centered around an unpaid fine of ₹34,000 imposed on the convicts, amounting to an additional 34 years in prison if not paid. This raises concerns about the completeness of their sentence served.
The defense, represented by advocate Rishi Malhotra, defended the release based on a May 2022 Supreme Court judgment allowing Gujarat to consider early release under its 1992 Premature Release Policy. However, the apex court has previously dismissed a plea to review this judgment.
A Nation Awaits Justice:
With eyes of the nation glued to the court proceedings, the verdict will hold immense significance for Bilkis Bano, her family, and countless others seeking justice for heinous crimes. Whether the Supreme Court upholds the early release or sets a precedent for stricter scrutiny in such cases, the decision will undoubtedly leave a lasting mark on India's legal landscape and its pursuit of justice for survivors of sexual violence.
