Bilkis Bano was the victim of the 2002 Gujarat riots and the individuals accused of rape were sentenced to life imprisonment.
The country was shocked to see the video where the convicted 11 individuals were garlanded and fed with sweets on their release from prison pursuant to remission of sentence by the Government of Gujarat.
The 11 accused — were sentenced to life imprisonment on the charge of gang rape and murder of seven members of Bilkis Bano’s family.
A special CBI court in Mumbai on January 21, 2008, sentenced the 11 eleven accused to life imprisonment identified as Radheshyam shah, Jaswant Chaturbhai Nai, Keshubhai Vadaniya, Bakabhai Vadaniya, Rajibhai Soni, Rameshbhai Chauhan, Shaileshbhai Bhatt, Bipin Chandra Joshi, Govindbhai Nai, Mitesh Bhatt, Pradip Modhiya, and the conviction was later upheld by the Bombay High Court.
The release obviously has caused uproar in the country, as the said 11 accused were convicted of the heinous crimes of rape and murder.
Provisions of Section 433A: Remission of Sentence
Per the provisions of Section 433A of CrPC, whenever a sentence for life imprisonment is imposed on a person, for an offense where the law provides for death as one of the punishments, or where a sentence of death has been charged into imprisonment for life, such person shall not be eligible for release from the jail unless they complete fourteen years of imprisonment.
In letter and spirit, though the crime committed was indeed heinous, on the completion of the mandated sentence of 14 years, they are indeed eligible for release.
Policy Versus the Statutory Provision of Section 433A of Cr.P.C
It is reported that the 11 accused were released under the 1992 Policy of Gujarat, however, the 2014 policy on remission of the sentence, provides for stricter provisions for release of convicts. It is important to state that, the Policy though issued by the Government do not have a statutory effect and departure from the provisions of policy cannot be termed as illegal or ultra vires the provisions of Cr.P.C.
Responsibility is casted on the Government under section 433A and the discharge of duty by the Government for the remission of a sentence needs to be in true equity and justice.
Judicial Review of Release of Convicts in Bilkis Bano Case:
Mrs. Mahua Moitra, the Hon. Member of Parliament from TMC has filed a Public Interest Litigation in Hon. Supreme Court and it was mentioned on August 23, 2022, before the HHJ. N V Ramana for early hearing for judicial review of release of 11 convicts. Prisons are the place for reformation of the convicts and the convicts have already served their 15 years of sentence, which makes them eligible for remission under the provisions of section 433A of the Cr.P.C
Section 433A was inserted in 1978 in Cr.P.C and it must be noted that the crimes which have been punished for life imprisonment are bound to be heinous. It cannot be said that the 11 convict’s committed heinous crimes hence they should not be released from prison or their remission be rejected.
Godhra Train Carnage:
Another element that might favor the accused is that they were angered due to the Godhra train burning incident where many kar sevaks were burnt alive. Therefore, the crime committed by them may not be premeditated and would be sudden and out of outrage, which again goes in the favor of the accused and weakens the case of Mrs. Mohua Moitra.
About the Author: Mr. Nishant Upadhyay is a Company Secretary, Cost Accountant, and Master of Laws.
