In a recent judgment, the Supreme Court overturned the Gujarat government’s decision to grant remission to eleven convicts in the Bilkis Bano gangrape case. The apex court emphasized that Maharashtra, where the trial occurred, should decide on remission, quashing Gujarat’s decision.
The court clarified that the Maharashtra government’s remission policy would apply to the plea for remission filed by the convicted men. The 2008 Maharashtra government resolution, governing remission, becomes crucial in determining their fate.
According to the 2008 resolution, the convicts, sentenced to life in 2008, are eligible for remission only after serving a minimum of 18 years. However, a clause regarding exceptional violence extends the eligibility to 28 years, potentially delaying release until 2036.
There’s ambiguity about whether the 1992 remission policy might apply, but even under its provisions, release could be expected around 2030 or 2036.
The judgment underscores the importance of the Maharashtra government’s decision and the specific terms of its remission policy in the upcoming legal proceedings.
