The Gujarat High Court has taken a significant step to scrutinize the state's policies on granting early release to prisoners. On Monday, a bench of the court formally requested the state government to produce copies of its current policies on remission and premature release, along with a detailed compliance report.
Court Takes Suo Motu Cognisance Following SC Directive
This judicial intervention was initiated by the High Court acting on its own motion, a process known as suo motu cognisance. The action directly follows a landmark directive from the Supreme Court of India, which instructed all high courts across the country to actively monitor and supervise how state governments implement their remission policies. A special bench comprising Justice I J Vora and Justice R T Vachhani was constituted specifically for this oversight role.
During the proceedings, the government pleader, G H Virk, presented an initial argument. He pointed out that the state of Gujarat was not explicitly named in the Supreme Court's original order. Virk further asserted that Gujarat has been in full compliance with all relevant directives issued by the apex court in its various judgments over time.
HC Seeks Concrete Documentation by February 12
However, the bench deemed it necessary to examine the matter thoroughly based on documented evidence. The court stated that to properly assess both compliance and the nature of the current policies, it required the state to place the actual documents on record.
The High Court has given the state counsel a deadline until February 12, 2025, to submit the required materials. These include the complete copies of the state's current remission and premature release policies, as well as the copy of the compliance report that was supposedly served to the amicus curiae (friend of the court) as referenced in the Supreme Court's judgment.
Background: The Bilkis Bano Case and Its Aftermath
The issue of remission in Gujarat was thrust into the national spotlight following the controversial release of 11 convicts in the 2002 Bilkis Bano gang-rape case. These convicts, who were also found guilty of murdering 14 individuals during the post-Godhra riots, were granted remission and released on August 15, 2022.
This decision was met with widespread criticism and legal challenges, including a petition filed by Bilkis Bano herself. Subsequently, on January 8, 2025, the Supreme Court delivered a powerful verdict. It quashed the Gujarat government's remission order, declaring it "wholly without jurisdiction and non est" (legally void). The apex court also ordered all 11 convicts to surrender themselves to the authorities.
The Supreme Court's subsequent order for nationwide monitoring by high courts is seen as a direct consequence of this case, aiming to ensure transparency and uniformity in the application of remission powers across all states.
