The May 2022 decision, delivered by a bench led by Justices Ajay Rastogi and Vikram Nath, was not only found tainted by Shah’s fraudulent conduct but also deemed legally flawed for overlooking established precedents and statutory mandates. Today’s judgment, led by Justices BV Nagarathna and Ujjal Bhuyan, disclosed that Shah had conveniently omitted key facts, including a prior Gujarat High Court decision and adverse opinions from relevant authorities. The court discovered that Shah had initially approached the Gujarat High Court, which redirected him to the State of Maharashtra, where he faced further rejections.
The petitioner’s strategic silence on these crucial aspects during the Supreme Court proceedings led the bench to declare the May 2022 order a nullity. The court emphasized that fraud tainted the entire legal process, rendering the order and subsequent proceedings invalid. Citing a series of legal precedents, the bench asserted that fraudulent conduct by litigants should not be rewarded with the benefits of court orders.
Furthermore, the Supreme Court denounced the Gujarat government for its collusion with the convict, highlighting its failure to challenge the order or seek a review. The court criticized the state for usurping the authority of the State of Maharashtra, ultimately resulting in the controversial remission orders.
Notably, the court clarified that the May 2022 judgment was also flawed on legal grounds, being per incuriam – a term indicating disregard for established legal principles and precedents. The decision challenged the straightforward statutory provisions and previous rulings, creating a jurisprudential anomaly.
The Supreme Court directed the convicted individuals to surrender to jail authorities within two weeks, emphasizing the primacy of the rule of law. This revelation exposed a deceptive legal ploy, prompting a reevaluation of the Bilkis Bano case and highlighting the imperative need for transparency and integrity in the judicial process.
