Supreme Court Questions Fundamental Right To Seek Remission In Bilkis Bano Case

During the hearing of petitions challenging the early release of convicts in the Bilkis Bano gang rape case, the Supreme Court posed a fundamental legal question. The court has asked whether the right of a convict to seek remission of their sentence of imprisonment falls under any of the fundamental rights enshrined in the Constitution. This inquiry arises as the court reviews the appeals of those convicted in the Bilkis Bano gang rape case, a notorious incident during the 2002 Gujarat riots.

Justice Ujjal Bhuyan raised this crucial issue, asking whether an Article 32 petition (filed for the enforcement of fundamental rights) could be filed by convicts seeking remission. Senior Advocate V Chitambaresh, representing a convict, argued that only Article 226 petitions (typically filed before High Courts) are maintainable to challenge the grant or rejection of remission.

"It is available only for convicts whose fundamental rights are affected," Chitambaresh added.

Justice Bhuyan then sought clarification, asking, "Would a 32 petition (by a convict) lie? Is the right to seek remission a fundamental right?"

Chitambaresh responded by stating that such a petition would not be admissible since seeking remission is not considered a fundamental right.

He further emphasized that the petitioners challenging the grant of remission cannot file such a petition, as their fundamental rights have not been violated.

The court is set to continue its deliberations on this issue on October 4, with the possibility of reserving judgment after hearing rejoinder submissions by the petitioners. This case gained significant attention after the Gujarat government granted remission to 11 convicts involved in the brutal gang rape and murder case following a Supreme Court judgment in May 2022. Various parties, including Bilkis Bano herself, have filed petitions challenging this decision.

The court's eventual determination on whether the right to seek remission is a fundamental right could have profound implications for the legal framework governing convicts' rights in India.

Author: Anushka Taraniya

News Writer, MIT ADT University