Is right to seek remission a fundamental right: SC during Bilkis hearing

The court completed hearing the convicts and asked the petitioners opposing the remission order to respond on October 4.

Is seeking remission a fundamental right of the convicts, the Supreme Court asked on Wednesday, as it heard petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the 2002 Gujarat riots.

The Supreme Court was hearing petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the 2002 Gujarat riots (HT Photo)

It came after lawyers representing the convicts argued that a remission order cannot be brought under the purview of judicial review unless there is a breach of fundamental rights.

“Is the right to seek remission a fundamental right (of the convicts). Will a petition lie under Article 32 of the Constitution?” a bench of justices BV Nagarathna and Ujjal Bhuyan asked a lawyer representing one of the convicts. To this, he replied in negative.

The lawyer added that the victim and others also don’t have the right to move the SC directly by filing a petition under Article 32 [which allows citizens to move the SC directly if their fundamental rights are infringed] as no fundamental right of theirs has been infringed either.

The court completed hearing the convicts and asked the petitioners opposing the remission order to respond on October 4.