In a significant development in the Bilkis Bano case, the Supreme Court has squashed the Gujarat government’s decision to prematurely release 11 people convicted for raping her and murdering the members of her family during the 2002 communal riots.
Bilkis Bano was 21 and five months pregnant at the time. Her three-year-old daughter was among the seven members of her family slaughtered during the communal riots that broke out after fire in a Sabarmati Express killed over 50 kar sevaks. However, reports about their identities remained unclear.
And now, according to media reports, the convicts released by the Gujarat government in 2022 have been ordered to surrender within two weeks.
Announcing the verdict, Justice BV Nagarathna said the Supreme Court must act as a beacon in upholding the rule of law.
Contesting the government’s decision, the Supreme Court said the Gujarat government didn’t have the jurisdiction to suspend the sentence.
A section of the media has reported that the Supreme Court observed that the judgment in May 2022, directing the Gujarat government to consider remission for a convict, was achieved by playing fraud on the court and concealing material facts.
Additionally, the SC held that the convicts hadn’t approached the court with clean hands.
Furthermore, the bench pointed out that the Gujarat government overrode the power of the Maharashtra government by not filing the review petition against the May 2022 judgment.
Agencies quoted the bench’s judgment: “We need not have gone into the other issues. But for the sake of completion, we have. The 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. We strike down the remission orders on the ground of usurpation of power by the Gujarat government.”
The Supreme Court questioned the Gujarat government for passing the remission order in August 2022 with no application of mind. The court said the government’s decision for the remission of the convicts was stereotyped.
“The exemption order lacks competence,” the Supreme Court said, berating the Gujarat government.
“The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power,” the court said, adding, “the rule of law must be preserved unmindful of the ripples of the consequences.”
The SC said the convicts will have to approach the Maharashtra government with a fresh petition for remission.
Earlier, the Gujarat government defended the remission, saying the convicts completed 14 years in prison and demonstrated good behaviour. The government released the convicts on August 15, 2022.
For the background, a violent mob attacked the family of Bilkis Bano in Randhikpur in 2002. They gang-raped her and killed seven members of her family.
Six years later, a special court convicted 11 men and sentenced them to life imprisonment.
In 2016, the Bombay HC reserved judgment on appeals filed by the 11 prisoners. A year later, the Bombay High Court upheld the life sentences of the 11 convicts.
On August 15, 2002, the Gujarat government, as part of its remission policy, released the 11 convicts from the Godhra sub-jail.
The convicts received a hero’s welcome with garlands and sweets. What’s more, they were seen sharing a stage with a BJP MP and an MLA. A convict Radheshyam Shah had even started practising law.
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