In a significant development, the Supreme Court has annulled the premature release of 11 individuals convicted in the brutal rape and murder case of Bilkis Bano during the 2002 post-Godhra riots. The apex court ruled on Monday that the Gujarat government lacked the jurisdiction to entertain remission pleas, directing the convicts to surrender and return to jail.
A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan declared that the government of Gujarat had exceeded its authority in handling the remission applications. The court emphasized that the appropriate government to consider such pleas was the government of Maharashtra, where the trial had taken place.
“The government of the state where the offender is sentenced is the appropriate government to grant remission and not the government of the state where the offence took place,” the Bench stated.
The court further deemed the remission order issued by the Gujarat government a “nullity,” asserting that it had usurped the powers of the government of Maharashtra. Justice Nagarathna remarked, “This is a classic case where the order of this court was used to violate the rule of law by granting remission.”
The 11 convicts, including individuals such as Jaswant Nai, Govind Nai, and Shailesh Bhatt, were released prematurely on August 15, 2022, based on factors like completion of 15 years in prison, age, and behavior during incarceration. However, the Supreme Court’s latest ruling mandates their surrender, prohibiting the submission of fresh remission applications while on bail.
Highlighting the irregularities in the process, the court pointed out that the convicts had not approached it with clean hands, concealing crucial information, including their prior appeal to the Maharashtra government for remission.
Bilkis Bano, who was pregnant at the time of the crime, suffered a heinous gang rape, and seven of her family members were killed during the 2002 violence in Dahod, Gujarat. The incident occurred in the aftermath of the Sabarmati Express attack in Godhra, leading to communal unrest.
The Supreme Court, while acknowledging the maintainability of Bano’s petition, refrained from examining the PILs challenging the remission filed by various individuals, including CPI(M) leader Subhashini Ali, journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma. TMC MP Mahua Moitra has also filed a PIL against the remission.
The Gujarat government defended the premature release, asserting the convicts’ entitlement to reformation, according to The Tribune. However, the apex court’s verdict has set a precedent, underscoring the paramount importance of jurisdiction and due process in remission cases.
(With inputs from various reports)
The Chenab Times News Desk