Bilkis Yakub Rasool vs. Union of India
Citation: 2024 INSC 24; Writ Petition (Crl.) No. 491 of 2022
Bench: Justice B.V. Nagarathna, Justice Ujjal Bhuyan
Background
This landmark case arose from the premature release of 11 convicts in the 2002 Gujarat riots case, where Bilkis Yakub Rasool (Bilkis Bano), a survivor of gang rape and mass murder, challenged the Gujarat government’s decision to grant remission. In the aftermath of the Godhra train burning and subsequent communal violence, Bilkis and her family were attacked while fleeing Randhikapur village. She was gang-raped, and several family members, including her three-year-old daughter, were murdered. The case was initially closed by Gujarat police but later transferred to the CBI and then to Mumbai for a fair trial. In 2008, a Mumbai court convicted 11 men, sentencing them to life imprisonment, and the Bombay High Court upheld these convictions in 2017.
Legal Issues
The main questions before the Supreme Court were:
Whether the Gujarat government was the “appropriate government” to grant remission when the trial and conviction occurred in Maharashtra.
Whether the remission process followed legal and constitutional safeguards, especially in heinous crimes like gang rape and mass murder.
Supreme Court’s Analysis
Authority to Grant Remission:
The Court held that under Section 432 of the CrPC, the “appropriate government” for granting remission is the government of the state where the trial and conviction took place, not where the crime was committed. Since the trial was transferred to Maharashtra for fairness, only Maharashtra had the authority to consider remission.
Principle of Rule of Law and Victim Rights:
The Court emphasized that remission is not an absolute right but a privilege subject to legal and procedural safeguards. It must not undermine victims’ rights or public confidence in justice. The process must be transparent, fair, and in accordance with constitutional principles.
Impact of Premature Release:
The Supreme Court noted that granting remission in such heinous crimes, without proper jurisdiction and due process, erodes the credibility of the justice system and violates the principle of rule of law.
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