BILKI BANO RAPE CASE

On the celebration of the 75th Independence day of India Gujrat State Government released 11 ex-convicts who were convicted of rape and murder and this decision was opposed and criticized, the reason behind the criticism was the background of the case.

This case was held during the time of the Godhra train burning incident, the whole family of 17 members got between the riot of religion where many people died but this case is a bit different because the accused of the case was released on the celebration of 75^th Independence day if India.  
Background of the case:
the incident take place on the day when a train was burned in the Godhra station which was held on the 27th of February 2002, after this incidents Hindus were angry and a riot against Muslims started this whole incident was called Godhara Kand.
On the next day, the 28th of February Bilki Bano fled from her village with her family which included a 3-year child and at that time Bilki Bano was pregnant as well.
On 3rd march 2002 Bilki Bano and her family reached to a village called “Chaparwad Village” and there almost 20 men attacked the family with weapons like sticks and swords and the 11 accused men were part of them.
Bilkis, her mother, and other three women were raped and assaulted and 8 were found dead, 6 were missing only Bilkis and a man, and a 3-year-old child survived that attack.
Bilkis was unconscious for three hours after the attack after gaining her conscious she borrowed clothes from an Adivasi woman and met a home guard who took her to Limkheda police station.
Bilki was taken to the Police hospital for medical examination and then she reached the Godhra relief Camp.
The trial of the case was transferred from Gujrat to Maharashtra because Bilkis was receiving death threats.
In January 2008, a special Court convicted 11 accused of conspiring to rape a pregnant woman, murder, unlawful assembly under the Indian Penal Code, and 7 accused were acquitted by the Court, due to lack of evidence and one person died during the trial.
All 11 convicts were punished with life imprisonment by the Court.
On 15th August 2022, the 11 accused were released from jail.
Legal Grounds:
Under Articles 72 and 161 of the Indian Constitution, The President, and Governor have the power to pardon and suspend, remit, or commute a sentence passed by the Courts.
And Section 432 of the Code of Criminal Procedure provides that State Government also possesses the power to remit the sentences of punishment because state prisons are a State subject.
Conflict:
The conflict arises with a question that as per policy 2014 the convicts of rape and murder should not be released or their punishment should not be remitted.
So this year when Radheshyam Shah moved to Supreme Court and prayed to be released as he has completed his 15 years and Four months.
On 13th May 2022, The Supreme Court of India passed an order asking the Gujrat Government to consider the application of Radheshyam Shah for premature release under the State remising policy 1992.
The Confusion here was which policy should be enforced here so there are two State remising policies, one is of 1992 and one is of 2014, so as the accused were convicted in the year 2008 so the State remising policy 1992 will be applied here.
So the releases of the convicts are legally legit.
Conclusion:
As it goes about the remission a person who has been punished for life imprisonment can only be remitted by his punishment only if the convict has completed the minimum 14 years of his punishment and a recent amendment was passed in which the convicts who are over 60 years old can be remitted as well.
But as given in the 7th schedule of the Indian Constitution, State jails are the subject of the State Government so State Government has the power to remit the punishment of convicts.
The remission of the 11 convicts was legally sound and legit but one question remains the same was it Justice? This question depends upon the opinions of society.