Big blow to Gujarat govt! Supreme Court strikes down remission to 11 men in Bilkis Bano case, convicts to be back in jail

Big blow to Gujarat govt! Supreme Court strikes down remission to 11 men in Bilkis Bano case, convicts to be back in jail

The Supreme Court on Monday struck down the remission granted to the 11 convicts in the gang-rape case of Bilkis Bano and murder of seven of her family members during the 2002 Gujarat riots.

A two-judge bench of Justices BV Nagarathna and Ujjal Bhuyan on Monday said that the state of Gujarat was not competent to pass the remission orders. The court also said that the convicts have to be in jail and are directed to report to jail authorities within two weeks.

Holding the PIL challenging the remission as maintainable, a bench of Justices BV Nagarathna and Ujjal Bhuyan on Monday said that the State of Gujarat High Court was not competent to pass the remission orders. The court noted that the “Gujarat government had no jurisdiction to entertain the application for remission or pass the orders as it was not the appropriate government.

The apex court also slammed the Gujarat government for passing remission orders of convicts without “application of mind” in the case.

“All orders dated 10.08.2022 (remission orders) are stereotype and cyclostyled orders,” the judge said.

“The power to grant remission is ultimately an exercise of discretion by the authority,” Justice Nagarathna said.

“Gujarat Govt usurped the powers of Maharashtra govenrnment acting in furtherance of the judgment dated May 13, 2022, which in our opinion is a nullity…It was the State of Maharashtra which was the appropriate Govt to consider the remission,” the judge said.

Justice Nagarathna said, “State of Gujarat acted in complicit with the convicts…It was this very apprehension which led this Court to transfer the trial out of the State.”

“The exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power. This is a classic case where the order of this court was used to violate the rule of law by granting remission,” the judge said.

The court also said since August 10, the 11 convicts are the “beneficiaries of an invalid order”.

A bench of Justices B V Nagarathna and Ujjal Bhuyan had reserved its decision in the matter after an 11-day hearing of the pleas challenging the government’s decision on October 12, last year.

The bench also observed that its May 2022 order directing Gujarat government to decide the remission was secured by suppressing facts and “fraud” played on court.

“The SC order of May 13, 2022 directing Gujarat govt to decide the remission as per 1992 policy being a nullify, all the proceedings in pursuance of the order stands vitiated,” the court pronounced.

Convicts have to be in jail: Supreme Court

Justice Nagarathna also said that the convicts lost their right to liberty once they were convicted and imprisoned, and therefore they have to be in jail.

“Respondent no 3 to 13 has been released on remission orders. since the release was based on incompetent orders.. they are out of jail.. since we have quashed the remission orders… what follows? for us the main goal of human rights is personal liberty and it can be taken away only in accordance with law but here release has been due to orders which are non est and without jurisdiction.. should they be sent back to prison?” the judge said.

“Article 142 cannot be invoked by us to allow the convicts to remain out of jail and this would mean making them beneficiary of orders which are invalid. We hold that deprivation of liberty to the respondents is justified. They have lost their right to liberty once they were convicted and imprisoned. if they want to seek remission in accordance with law then they have to be in jail. Rule of law must prevail. Thus all respondents are directed to report to jail authorities within two weeks,” the judge added.

As the hearing began, Justice Nagarathna said that after hearing all parties, four points arose.

“Whether the petition filed by victim under Art 32 maintainable, whether PILs assailing the remission order maintainable, whether the Gujarat Govt was competent to pass the remission orders and whether the remission orders in accordance with law,” Justice Nagarathna said.

A two-judge bench had reserved its verdict in October after an 11-day hearing on the petitions, including one filed by Bilkis Bano. Others who challenged the remission include Trinamool Congress (TMC) leader Mahua Moitra, CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma.

Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the Gujarat riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the seven members of the family who were killed in the riots.

Upon their release, some of the convicts received a hero’s welcome, while some also shared the stage with a BJP MP and MLA.