Hindi English Translation || Editorial || Unlawful remission: On the Bilkis Bano case

Unlawful remission: On the Bilkis Bano case

The Supreme Court ruling is a searing indictment of Gujarat for aiding convicts’ release

The Supreme Court of India verdict quashing (रद्द करना) the orders releasing 11 men convicted (अपराधी) for the heinous (जघन्य, घृणित) gang-rape and murder of several members of a family during the Gujarat pogrom in 2002 is an unequivocal (स्पष्ट) indictment (अभियोग) of the State government. The men had been sentenced to life by a Sessions Court in Mumbai after the investigation in the ‘Bilkis Bano case’ was shifted from the Gujarat police to the Central Bureau of Investigation and the trial transferred to Mumbai. A disgraceful (बुरा, शर्मनाक) story that began with the Bharatiya Janata Party government facilitating their premature (Happening or done too soon, esp. before the natural or desired time) release and the freed men being garlanded (To welcome someone by putting garland on them) by their supporters has now ended with the Court directing them to return to prison within two weeks. The verdict (A decision by a jury as to whether someone is guilty after having heard the facts given at a trial) is based on the ground that Gujarat did not have any jurisdiction to decide on granting (To give or allow someone something, usually in an official way) remission to convicts sentenced in Maharashtra. In a telling observation, the Bench, comprising Justices B.V. Nagarathna and Ujjal Bhuyan, said, “the State of Gujarat has acted in tandem and was complicit” in one of the convicts’ petition for a direction to the State government to grant remission (A reduction of the time that a person has to stay in prison) of the remainder of his life term based on a defunct 1992 policy. It has noted that the Gujarat government — which took the correct stand during earlier proceedings that only the government of Maharashtra, where the trial and sentencing took place, was the appropriate (उपयुक्त) government to consider remission — had failed to seek review (निरीक्षण, समीक्षा) of a two-Bench judgment’s order in May 2022, even though it was wrongly decided based on suppression (The act of preventing something from being seen or expressed or from operating) of material facts. In citing the Court direction as the reason for it to pass orders in favour of the convicts, the State government was guilty (दोषी) of usurpation (The act of taking control of something without having the right to, especially of a position of power) of power, the Bench said.

The ruling represents a blow for the rule of law and the restoration (The act or the process of returning something to its original condition, or to a state similar to its original condition) of faith in the judiciary at a time when there are doubts about the institution’s capacity to hold power to account. On merits, it is a timely reiteration (पुनरावृत्ति) of the core principles that animate (To cause someone or something to be more active or full of life) exercise of the power to grant remission — that it should be fair and reasonable (उचित) and based on a set of relevant parameters (मापदण्ड) such as whether the crime involved affected society at large, whether the convict retained the potential (संभावना) for committing (To do something illegal or something that is considered wrong) similar offences (An illegal act; a crime) or is capable of reform. The release of life convicts, who are generally expected to spend the entirety of their lives in prison, unless remission is granted after a prison term that should not be less than 14 years, ought to be individually considered (माना, सुविचारित) and not part of any omnibus gesture (भाव, इशारा) without regard to the impact of their freedom on the victims, survivors and society. Any rational (Based on clear thought and reason) remission policy should encompass humanitarian (Involved in or connected with improving people’s lives and reducing suffering) considerations and the convicts’ scope for reform (To make an improvement, especially by changing a person’s behaviour or the structure of something) without violating the rule of law or societal interests. In this case, none of the conditions for remission was met.

Courtesy: The Hindu

Important Word List With Meaning

1.Quashing (verb)

Hindi Meaning - रद्द करना
English Meaning - To say officially that something, especially an earlier official decision, is no longer to be accepted.

2.Convicted (adjective)

Hindi Meaning - अपराधी
English Meaning - Having officially been found guilty of a crime in a law court.

3.Heinous (adjective)

Hindi Meaning - जघन्य, घृणित
English Meaning - (Esp. of a crime) extremely bad or evil.

4.Unequivocal (adjective)

Hindi Meaning - स्पष्ट
English Meaning - Expressed in a clear and certain way.

5.Indictment (noun)

Hindi Meaning - अभियोग
English Meaning - Something that shows a policy, system, society, etc. is bad or wrong.

6.Disgraceful (adjective)

Hindi Meaning - बुरा, शर्मनाक
English Meaning - Very bad.

7.Appropriate (adjective)

Hindi Meaning - उपयुक्त
English Meaning - Suitable or right for a particular situation or occasion.

8.Review (noun)

Hindi Meaning - निरीक्षण, समीक्षा
English Meaning - To think or talk about something again, in order to make changes to it or to make a decision about it.

9.Guilty (adjective)

Hindi Meaning - दोषी
English Meaning - Responsible for breaking a law.

10.Reiteration (noun)

Hindi Meaning - पुनरावृत्ति
English Meaning - To say something again, once or several times.

11.Reasonable (adjective)

Hindi Meaning - उचित
English Meaning - Based on or using good judgment and therefore fair and practical.

12.Parameters (noun)

Hindi Meaning - मापदण्ड
English Meaning - A set of facts which describes and puts limits on how something should happen or be done.

13.Potential (noun)

Hindi Meaning - संभावना
English Meaning - Possible when the necessary conditions exist.

14.Considered (adjective)

Hindi Meaning - माना, सुविचारित
English Meaning - An opinion or decision that someone has reached after a lot of thought.

15.Gesture (noun)

Hindi Meaning - भाव, इशारा
English Meaning - An action that expresses your feelings or intentions, although it might have little practical effect.

16.Verdict (noun)

English Meaning - A decision by a jury as to whether someone is guilty after having heard the facts given at a trial.

17.Premature (noun)

English Meaning - Happening or done too soon, esp. before the natural or desired time.

18.Garlanded (noun)

English Meaning - To welcome someone by putting garland on them.

19.Granting (noun)

English Meaning - To give or allow someone something, usually in an official way.

20.Remission (noun)

English Meaning - A reduction of the time that a person has to stay in prison.

21.Suppression (noun)

English Meaning - The act of preventing something from being seen or expressed or from operating.

22.Restoration (noun)

English Meaning - The act or the process of returning something to its original condition, or to a state similar to its original condition.

23.Animate (noun)

English Meaning - To cause someone or something to be more active or full of life.

24.Committing (noun)

English Meaning - To do something illegal or something that is considered wrong.

25.Offences (noun)

English Meaning - An illegal act; a crime.

26.Omnibus (noun)

English Meaning - Of, relating to, or providing for many things at once.

27.Rational (noun)

English Meaning - Based on clear thought and reason.

28.Humanitarian (noun)

English Meaning - Involved in or connected with improving people’s lives and reducing suffering.

29.Reform (noun)

English Meaning - To make an improvement, especially by changing a person’s behaviour or the structure of something.

30.Usurpation (noun)

English Meaning - The act of taking control of something without having the right to, especially of a position of power.