Bilkis Bano’s petition for review of an order allowing the Gujarat government to decide the remission of convicts’ fines has been denied by the Supreme Court
During Saturday’s review hearing, the Supreme Court rejected Bilkis Bano’s petition challenging the top court’s May order allowing the Gujarat government to determine whether to remit 11 convicts who ganggraped and murdered seven members of her family during the 2002 Godhra riots in Gujarat.
As a result of a request by one of the convicts, Radheshyam Shah, the Gujarat government released the convicts under its remission and premature release policy on August 15. Shah was sentenced to life imprisonment by a CBI court in Mumbai in 2008, and had served 15 years and four months in prison.
The Supreme Court directed it in May of this year that the Gujarat government decide whether to remit Shah’s sentence within two months. According to the apex court, Gujarat was the “appropriate government” to decide on matters such as remission or premature release, since “the crime was committed there rather than in the State where the trial was transferred and concluded for exceptional reasons under the court’s orders”.
The Constitution grants the President and Governors the power to pardon, suspend, remit, or commute sentences passed by the courts in accordance with Articles 72 and 161. Moreover, since prisons are a state subject, state governments are empowered to remit sentences under Section 432 of the Code of Criminal Procedure (CrPC). However, the CrPC contains restrictions on these powers, listed at Section 433A.
Following the release of the convicts, Raj Kumar, Additional Chief Secretary (Home), stated: “The 11 convicts have served a total of 14 years in prison. The law specifies that a convict serving a life sentence must serve a minimum of 14 years before applying for remission. The government will then decide whether or not to consider the application. After the prison advisory committee and district legal authorities have recommended remission, prisoners are granted remission based on their eligibility.”
