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NEW DELHI: The Supreme Court on Monday overturned the Gujarat government’s decision to grant early release to 11 convicts in the 2002 gang-rape of Bilkis Bano and the murder of seven of her family members during the communal riots in the state.
Why SC quashed Gujarat’s remission
The court determined that the state of Gujarat lacked the authority to rule on the remission matter, as the trial took place in Maharashtra.Consequently, the Gujarat government’s decision was deemed invalid.
Why SC quashed Gujarat’s remission
The court determined that the state of Gujarat lacked the authority to rule on the remission matter, as the trial took place in Maharashtra.Consequently, the Gujarat government’s decision was deemed invalid.
Breaking News: Supreme Court quashes Gujarat govt’s remission order in Bilkis Bano case
The supreme court explained that the state responsible for the trial and sentencing of an offender holds the authority to consider the convicts’ pleas for remission. In this case, the convicts were tried in Maharashtra.
The court thus ordered the convicts, who had been prematurely released in August 2022, to return to prison.
Why it matters
- The apex court said the Gujarat government had “usurped power not vested in it and abused its power” by granting remission to the convicts, who were tried and sentenced by Maharashtra.
- The court also said the Gujarat government had obtained a previous order of the court by “playing fraud” and suppressing material facts.
- Furthermore, the SC severely criticized one of the convicts, Radhyesham, for deceiving the court by hiding crucial information and securing a favorable ruling in May 2022, which resulted in the release of all eleven convicts.
- The ruling is a setback for the Gujarat government, which had claimed that it had followed the due process of law and the principles of natural justice in granting remission.
- It is also a victory for Bilkis Bano, who had challenged the remission and sought justice for the atrocities she and her family had suffered.
What they’re saying
- “We need not have gone into the other issues. But for sake of completion, we have. Rule of law is breached because the Gujarat government usurped power not vested in it and abused its power. On that ground also, the remission orders deserve to be quashed,” the bench of Justices B V Nagarathna and Ujjal Bhuyan said while pronouncing the judgement which spanned over 100 pages.
- “We strike down the remission orders on the ground of usurpation of power by Gujarat government,” the bench added.
- “If the convicts can circumvent the consequences of their conviction, the peace and tranquillity in the society will be reduced to a chimaera. The courts have to be mindful not just to the spelling of justice but also the content of it. It is the duty of this court to correct arbitrary orders at the earliest and to retain the foundation of trust of the public,” the SC said.
- “The Supreme Court has upheld the rule of law and the dignity of women. I am grateful to the court for this judgement. It gives me hope that justice will be done for me and my family,” Bilkis Bano said in a statement.
The big picture
- Bilkis Bano was 21-years-old and five months pregnant when she was gang-raped and her three-year-old daughter was killed along with six other family members by a mob during the
2002 Gujarat riots , which were triggered by the Godhra train-burning incident. - She was one of the few survivors who testified against the perpetrators and identified them in court.
- In 2008, a special court in Mumbai convicted 12 men and acquitted seven others in the case.
- In 2017, the Bombay high court upheld the conviction of 11 men and set aside the acquittal of seven others, while also enhancing the sentences of three of the convicts to life imprisonment.
- In 2019, the Supreme Court directed the Gujarat government to pay Rs 50 lakh as compensation to Bilkis Bano and provide her a job and accommodation.
- In 2020, the Gujarat government granted remission to 11 convicts and released them on August 15, citing their good conduct and the Covid-19 pandemic.
- The remission was challenged by Bilkis Bano and several other petitioners, including CPI(M) leader Subhashini Ali, TMC leader Mahua Moitra, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma.
What’s next
- The Supreme Court has directed the 11 convicts to surrender before jail authorities within two weeks.
- It has also asked the Maharashtra government to consider the remission plea of the convicts in accordance with the law and the guidelines laid down by the court.
- The court has also issued notices to the Centre and the Gujarat government on a plea seeking contempt action against them for violating the court’s order of 2019.
(With inputs from agencies)
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