The top court directed all the 11 convicts to report to jail authorities within two weeks.
Representational Photo
The Supreme Court on Monday struck down Gujarat government’s August 15, 2022 decision to release the 11 convicts in the Bilkis Bano case under 1992 remission and premature release policy.
Pronouncing the verdict, the Supreme Court bench, headed by Justice BV Nagarathna, ruled that Gujarat had no jurisdiction to grant remission to the convicts.
The top court directed all the 11 convicts to report to jail authorities within two weeks.
Advertisement
It also said that its May 13, 2022 order directing Gujarat government to decide the remission in case of the convicts was obtained by fraud and thus, is non-est in law.
On August 15 last year, the Gujarat government had released 11 convicts in the case of gang rape of Bilkis Bano and the murder of her seven family members during the 2002 Gujarat riots.
The Gujarat Government, the apex court said, usurped the power of the Maharashtra government and asked why it didn’t file a review petition seeking correction of the court’s May 13, 2022 order.
“We fail to understand why the State of Gujarat did not file a review petition against the judgment dated May 13, 2022. Had the Government filed a review and impressed upon this court, the ensuing litigation would not have occurred,” the top court said.
The Court noted that the competent authority to grant remission in the case of convicts is Maharashtra government under whose jurisdiction they were sentenced and not the Gujarat government under whose territorial limits the offence was committed.
“We strike down the remission orders on grounds of usurpation of powers by the Gujarat government,” the top court said.
Bilkis Bano had challenged the Gujarat government’s decision to release the 11 convicts in the case of her gangrape and murder of her family members in 2002.
Advertisement
