VidhiSangh

Supreme Court of India · 08/01/2024

BILKIS YAKUB RASOOL versus UNION OF INDIA & OTHERS

[2024] 1 S.C.R. 743 · 2024 INSC 24

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Summary

The Supreme Court quashed Gujarat’s remission orders releasing eleven convicts in the Bilkis Bano case because Maharashtra, where they were tried and sentenced, was the appropriate Government. The earlier Supreme Court order directing Gujarat to consider remission was obtained by suppression and misrepresentation and was a nullity; the convicts were directed to return to jail within two weeks.

Issues

  1. Whether the victim could challenge the remission orders directly under Article 32, and whether the connected public interest petitions were maintainable.
  2. Whether Gujarat or Maharashtra was the appropriate Government under Section 432(7) CrPC after the trial was transferred to Maharashtra.
  3. Whether the Supreme Court order dated 13 May 2022 could sustain the remission orders despite suppression of material facts and conflict with binding larger-Bench decisions.
  4. Whether the remission process complied with the mandatory judicial-opinion requirement and considered the unpaid fines.
  5. Whether Article 142 should protect the convicts’ continued liberty after the remission orders were quashed.

Provisions considered

Held

Result

Writ Petition (Crl.) No.491 of 2022 allowed. Gujarat’s remission orders dated 10 August 2022 in favour of respondents Nos.3–13 quashed; all eleven directed to report to the concerned jail authorities within two weeks. The order dated 13 May 2022 held a nullity and non est. Other writ petitions and pending applications disposed of; PIL maintainability left open.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 743.