• UGI USER
  • Jan 10, 2024
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A CASE OF ABUSE OF POWER

Why in the News?

  • The Supreme Court voided Gujarat’s 2022 release of 11 men in the Bilkis Bano case, ordering their jail surrender in two weeks.
  • Justices BV Nagarathna and Ujjal Bhuyan criticized it as an abuse of power and jurisdictional overreach

About Legal Flaws and Nullity:

  • Gujarat lacked authority under CrPC Section 432(7)(b) to grant remission; Maharashtra is the rightful jurisdiction.
  • The Court declared Gujarat’s orders void, emphasizing the convicts’ need for imprisonment, even if seeking remission again, denouncing their release as against the rule of law.
About the Bilkis Bano Case

·   Bilkis Bano and family were attacked after the 2002 Godhra riots, resulting in her brutal gangrape and seven family members’ murder.

·   NHRC and the Supreme Court intervened, transferring the trial to Mumbai due to death threats.

·   In 2008, a Mumbai court sentenced 11 accused to life imprisonment.

·   In 2022, convict Radheshyam Shah sought early release; SC directed Gujarat to consider, leading to the release of all 11 under the state’s 1992 remission policy.

·   Public outcry ensued, triggering opposition MPs’ petitions.

·   Bilkis Bano appealed to the Supreme Court, resulting in the recent judgment against the convicts’ release.

Section 432(7)(b) of CrPC

Section 432(7)(b) of the Code of Criminal Procedure (CrPC) specifies that the appropriate government for remission of sentence is the one within whose jurisdiction the offender is sentenced, not where the crime occurred.