This week in Indian law: The Supreme Court quashed the premature remission of all eleven Bilkis Bano case convicts, holding Gujarat lacked jurisdiction under Section 432(7) CrPC. The Court also accepted the Second National Judicial Pay Commission report. Three significant legal developments this week as the Supreme Court resumed after its winter recess.
Top story
SC Quashes Remission of Bilkis Bano Case Convicts
Category: criminal-law | Date: 8 January 2024 | Source: Supreme Court of India
In the first major judgment of 2024, a Bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan held that the Gujarat government's remission orders releasing eleven convicts in the Bilkis Bano gang-rape and murder case were void ab initio. The Court ruled that under Section 432(7) CrPC, only Maharashtra — as the state where the trial was conducted and sentence imposed following the Supreme Court's transfer order — had jurisdiction to consider remission applications. Gujarat's orders of August 2022 were set aside and all convicts were directed to surrender within two weeks.
Why it matters: This judgment provides definitive clarity on remission jurisdiction in transferred trial cases and strengthens victims' standing to challenge remission orders. It signals the Court's unwillingness to treat jurisdictional overreach in remission matters as a mere irregularity.
Read more: Veritect analysis
Court judgments
SC Accepts Second National Judicial Pay Commission Report
Court: Supreme Court of India | Date: 8 January 2024
The Supreme Court accepted the recommendations of the Second National Judicial Pay Commission (SNJPC), which addresses service conditions, pay scales, and benefits for judicial officers across India's district judiciary.
Key point: The acceptance impacts thousands of judicial officers and aims to address longstanding concerns about parity between judicial officers and civil servants of equivalent rank.
Also this week
- Supreme Court resumes after winter recess — Regular benches commenced sitting from 2 January 2024, with several significant matters including criminal law and constitutional bench references listed in the first week.
- Lok Sabha Winter Session concluded in December — Parliament not in session; the Interim Budget Session was scheduled for late January 2024.
- Courts across India resume regular operations — High Courts and district courts progressively resumed after the holiday period.
Looking ahead
- Parliament Interim Budget Session: The 17th Lok Sabha's interim budget session is expected to commence on 31 January 2024, with the Interim Budget to be presented on 1 February ahead of the general elections.
- Supreme Court matters: Several important constitutional and criminal law matters are listed for hearing in January, including the electoral bonds case.
- RBI MPC: The next monetary policy meeting is scheduled for February 2024.
This is the Veritect Weekly Legal Roundup for Week 1 of 2024. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.