The Supreme Court bench headed by Justice BV Nagarathna on Monday pronounced the judgment on a petition challenging the early release of 11 convicts, sentenced to life imprisonment for raping Bilkis Bano and killing her family members during the 2002 Gujarat riots. The SC slammed Gujarat government for passing remission orders of convicts without application of mind in rape case of Bilkis Bano.
The 11 convicts were allowed to walk free last year on Independence Day, sparking widespread controversy.
SC quashes remission granted to 11 convicts in Bilkis Bano case
On Monday, the Supreme Court struck down the remission granted to 11 convicts in the Bilkis Bano case on the ground that the Gujarat government had no competence to grant remission. The top court held as ‘nullity’ its May 13, 2022 order of another bench asking Gujarat govt to consider remission plea of convicts
Here’s what Supreme Court judges said on the Bilkis Bano case on 8 January:
1. “The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power”.
2. “Usurpation of power arises when power vested in one authority is exercised by another. Applying the principle in this case, having regard to our answer of “appropriate power”, Gujarat government exercising the power was an instance of usurpation of power”.
Bilkis Bano case: Petition challenging remission of 11 convicts is maintainable
3. “By suppressing material facts and making misleading facts, a direction was sought by the convict to the State of Gujarat to consider remission”
4. “This is a classic case where the order of this court was used to violate the rule of law by granting remission”.
5. “The State of Gujarat acted in complicit with the convicts…it was this very apprehension that led this court to transfer the trial out of the state”.
6. “We hold : (1) Govt of State of Gujarat had no competence to entertain the applications for remission or pass orders thereon”.
7. The court’s order dated 13 May obtained by fraud a nullity. All proceedings taken in furtherance of the judgment are also vitiated and a nullity in law.
Bilkis Bano case: SC to deliver judgment on convicts remission today
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped during the communal riots that broke out in Gujarat after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed in the riots.
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Published: 08 Jan 2024, 12:08 PM IST
