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The Supreme Court of India has overturned the Gujarat government’s decision to prematurely release 11 individuals convicted for the heinous crimes of raping Bilkis Bano and murdering her family members during the 2002 communal riots. The released convicts have now been directed by the Supreme Court to surrender within two weeks.
The Supreme Court, while addressing a series of petitions challenging the Gujarat government’s 2022 decision, emphasized that the state government lacked jurisdiction to determine the remission of sentence. It asserted that the authority to decide on the remission plea rested with the state where the trial originally transpired, which, in this case, is Maharashtra.
The apex court condemned the 2022 judgment directing the Gujarat government to consider remission, stating it was obtained by “playing fraud” on the court and withholding crucial information. The court also criticized the convicts for not approaching the court with honesty.
Expressing strong disapproval, the court accused the Gujarat government of unlawfully appropriating the powers of the Maharashtra government by neglecting to file a review petition against the May 2022 judgment.
The court rebuked the Gujarat government for its lackadaisical approach in passing the remission order in August 2022, highlighting a deficiency in thoughtful consideration.
The Supreme Court mandated that the convicts must now approach the Maharashtra government with a fresh remission plea, emphasizing the importance of adhering to due process.
Justice BV Nagarathna, delivering the verdict, underscored the court’s role as a guardian of the rule of law. The decision comes after the 11 life-term convicts were released in August 2022 under Gujarat’s remission policy, prompting this critical legal challenge. Bilkis Bano, a survivor of the 2002 Godhra riots, endured unspeakable horrors, including gang rape and the murder of 14 family members.
