New Delhi, Jan 8 : The Supreme Court nullified the Gujarat government’s decision to grant remission to 11 convicts involved in the gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 riots in the state. Justices B V Nagarathna and Ujjal Bhuyan directed the convicts to surrender to jail authorities within two weeks, deeming the remission orders “stereotyped” and lacking proper consideration. The bench clarified that the Gujarat government was not the appropriate authority for such remission, asserting that the State where the offenders were tried and sentenced, in this case, Maharashtra, holds the competence to decide on remission pleas.
In a judgment spanning over 100 pages, the court highlighted the breach of the rule of law, accusing the Gujarat government of usurping power and abusing its authority. The top court also declared as ‘nullity’ its May 13, 2022 order, alleging it was obtained through fraud and the suppression of material facts. The ruling emphasized that the Gujarat government’s actions amounted to a violation of the rule of law, leading to the quashing of the remission orders.
The apex court had reserved its verdict on October 12 after an 11-day hearing, including a petition filed by Bilkis Bano. During the proceedings, the court directed the Centre and the Gujarat government to submit the original records related to the remission of sentence by October 16. The court questioned whether convicts have a fundamental right to seek remission and stressed that state governments should not be selective in granting such relief.
Several PILs, including those by Subhashini Ali, Revati Laul, and Roop Rekha Verma, challenged the remission granted by the Gujarat government. TMC leader Mahua Moitra also filed a PIL against the remission and the premature release of the 11 convicts. Bilkis Bano, who was 21 years old and five months pregnant during the 2002 riots, was raped while fleeing the communal violence. Her three-year-old daughter was among the seven family members killed. The 11 convicts, initially released on August 15, 2022, are now ordered to return to jail.
