Supreme Court bench comprising Justices BV Nagarathna and Ujjal Bhuyan concluded that the Gujarat government lacked the authority to enforce its remission policy on the eleven convicts.
The Supreme Court has ordered the re-imprisonment of eleven convicts in the Bilkis Bano gang rape case within two weeks. This decision comes after the Court nullified the Gujarat government’s August 2023 decision to release the convicts early. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, concluded that the Gujarat government lacked the authority to apply its remission policy to these convicts, emphasizing that it was the Maharashtra government’s jurisdiction since the trial took place in Maharashtra.
The Court stated that Article 142 could not be invoked to allow the convicts to remain out of jail, emphasizing the importance of upholding the rule of law. It criticized the Gujarat government for exceeding its powers and determined that a May 2022 Supreme Court order, enabling the Gujarat government to release the convicts early, was obtained through fraud and invalid.
Addressing the conundrum of sending the convicts back to jail, the Court emphasized the importance of the rule of law, stating that personal liberty can only be taken away in accordance with the law. The bench ordered the convicts to surrender before jail authorities within two weeks to be re-imprisoned.
The eleven convicts were convicted for raping Bilkis Bano and murdering her family during the 2002 Gujarat riots. The Gujarat government’s decision to grant remission and release the convicts early was challenged, leading to the Supreme Court’s intervention. The Court criticized the Gujarat government for usurping the powers of the Maharashtra government and directed the convicts to report to jail authorities within the stipulated time for re-imprisonment.
