38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

'Where rule of law enforced, compassion, sympathy got no role,' SC directs convicts in Bilkis case to surrender [Read Judgment]

By LAWSTREET NEWS NETWORK      08 January, 2024 06:55 PM      0 Comments
'Where rule of law enforced, compassion, sympathy got no role,' SC directs convicts in Bilkis case to surrender [Read Judgment]

NEW DELHI: The Supreme Court on Monday ordered 11 convicts in the case related to gang rape of Bilkis Bano and murders of her family members, to surrender within two weeks, observing that compassion and sympathy had no role where rule of law is required to be enforced.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said, rejected a plea by the convicts that they have been enjoying liberty since August 10, 2022 and in spite of there being any error in the orders of remission, although the orders of remission may be quashed, by exercising jurisdiction under Article 142 of the Constitution, they may not be subjected to imprisonment once again and they may remain out of jail as free persons.

"We wish to make it clear that only when rule of law prevails will liberty and all other fundamental rights would prevail under our Constitution including the right to equality and equal protection of law as enshrined in Article 14 thereof. In other words, whether liberty of a person would have any meaning at all under our Constitution in the absence of rule of law or the same being ignored or turned a blind eye," the bench asked.

"Can rule of law surrender to liberty earned as a consequence of its breach? Can breach of rule of law be ignored in order to protect a persons liberty that he is not entitled to," the bench asked further.

The bench said Article 142 of the Constitution cannot be invoked in favour of the convicts to allow them to remain out of jail as that would be an instance of this Courts imprimatur to ignore rule of law and instead aid persons who are beneficiaries of orders "which in our view, are null and void and therefore non est in the eye of law"

"Further, we cannot be unmindful of the conduct of the convicts, particularly respondent No 3 (convict Radheyshyam Bhagwandas Shah) who has abused the process of law and the court in obtaining remission. In such a situation, arguments with an emotional appeal though may sound attractive become hollow and without substance when placed in juxtaposition with our reasoning on the facts and circumstances of this case," the bench said.

The bench also pointed out one cannot lose sight of the fact that the said convicts were all in prison for a little over 14 years (with liberal paroles and furloughs granted to them from time to time).

"They had lost their right to liberty once they were convicted and were imprisoned. But, they were released pursuant to the impugned remission orders which have been quashed by us. Consequently, the status quo ante must be restored," the bench said.

The bench pointed out there was another reason in the event the convicts are inclined to seek remission in accordance with law, they have to be in prison as they cannot seek remission when on bail or outside the jail.

"Therefore, for these reasons we hold that the plea of protection of the liberty of respondent Nos 3 to 13 cannot be accepted by us," the bench said.

Highlighting the importance of rule of law, the bench said its very existence and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends.

The bench said courts have to dispense justice and not justice being dispensed with.

"In fact, the strength and authority of courts in India are because they are involved in dispensing justice. It should be their life aim," the bench said.

 

[Read Judgment]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email