In a pivotal decision on Monday, the Supreme Court revoked the remission of 11 convicts in the Bilkis Bano case, lambasting the Gujarat government for its illicit collaboration with a convict who had approached the court seeking the consideration of his premature release. The court had initially directed the State of Gujarat to assess the remission plea under its 1992 policy, leading to the release of all 11 life-termers in August 2022.
The convicts, sentenced for heinous crimes during the 2002 communal riots in Gujarat, were set free on Independence Day. However, the recent ruling favored Bilkis Bano, a survivor of gang rape, who challenged the remission. Justices BV Nagarathna and Ujjal Bhuyan declared that Gujarat was not the ‘appropriate government’ for deciding remission pleas, given that the trial had been transferred to Maharashtra. The court also denounced the ‘usurpation of power’ and ‘abuse of discretion’ by the Gujarat government in prematurely releasing the convicts.
The court emphasized that the May 2022 order directing Gujarat to consider remission applications was obtained through fraud by one of the convicts, Radheshyam Shah. This rendered the order a ‘nullity’ and justified the State of Maharashtra’s rightful jurisdiction. Critically, the court censured Gujarat for not seeking a review of its order, accusing it of acting in collusion with the convict and violating the rule of law.
Justice Nagarathna contended that Gujarat’s compliance with the court’s directive, despite knowing it was contrary to the law, exemplified an unjust usurpation of power. The judge highlighted the failure of Gujarat to file a review petition, emphasizing that the earlier orders transferring the investigation and trial indicated the state’s complicity in the convict’s agenda.
In concluding the matter, the court invalidated the remission orders, citing Gujarat’s unauthorized exercise of power. The convicts were directed to report to jail authorities within two weeks, asserting the supremacy of the rule of law.
The decision followed an extensive 11-day hearing that commenced in August, with Bilkis represented by Advocate Shobha Gupta and various public interest litigants, including Senior Advocates Indira Jaising, Vrinda Grover, Aparna Bhat, Nizamuddin Pasha, and Pratik R Bombarde. Additional Solicitor-General SV Raju represented both the State of Gujarat and the Union of India, while the released convicts were represented by Senior Advocates Sidharth Luthra, Rishi Malhotra, S Guru Krishnakumar, Advocate Sonia Mathur, and others.
The Supreme Court’s directive emphasized the imperative need for the rule of law to prevail, underscoring the consequences of setting aside the remission orders.
