‘Gujarat Govt Abused its Power: SC Quashes Remission for 11 Convicts in Bilkis Bano Gangrape Case

The Supreme Court on Monday quashed the Gujarat government’s decision to grant remission to 11 convicts involved in the gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 riots in the state. The court criticized the orders as “stereotyped” and lacking thoughtful consideration.

A bench comprising Justices B V Nagarathna and Ujjal Bhuyan directed the convicts to surrender before jail authorities within two weeks. The court, addressing a PIL challenging the remission, declared that the Gujarat government was not the appropriate authority to pass such an order. It clarified that the state where an offender is tried and sentenced holds the competence to decide on remission, and in this case, the convicts were tried by Maharashtra.

“We need not have gone into the other issues. But for the sake of completion, we have. Rule of law is breached because the Gujarat government usurped power not vested in it and abused its power. On that ground also, the remission orders deserve to be quashed,” stated the bench during the lengthy judgment.

The apex court also deemed its May 13, 2022 order of another bench, directing the Gujarat government to consider the remission plea, as a ‘nullity.’ It asserted that the order was obtained by “playing fraud on the court” and by suppressing material facts. The court emphasized that this case exemplified the misuse of the court’s order to violate the rule of law by granting remission.

The top court, citing the breach of the rule of law through the usurpation of power, struck down the remission orders. The bench had reserved its verdict on October 12 last year after an 11-day hearing on various petitions, including one filed by Bilkis Bano.

The court had directed the Centre and the Gujarat government to submit the original records related to the remission of sentence by October 16. During the proceedings, the court questioned whether convicts have a fundamental right to seek remission.

Earlier arguments highlighted the court’s view that state governments should not selectively grant remission and that the opportunity for reform and reintegration with society should be extended to every prisoner.

Apart from Bano’s petition contesting the remission, several other PILs, including those by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma, challenged the relief. TMC leader Mahua Moitra also filed a PIL against the remission and premature release.

Bilkis Bano, 21 years old and five months pregnant during the 2002 riots, was raped while fleeing the communal violence. Her three-year-old daughter was among the seven family members killed. All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022.