Supreme Court Quashes Premature Release in Bilkis Bano Case : Gujarat Government 'Complicit and Acting in Tandem'

In a scathing indictment, the Supreme Court on Monday accused the Gujarat government of being "complicit and acting in tandem" with a convict seeking premature release in the Bilkis Bano gang rape case. The bench of Justices BV Nagarathna and Ujjal Bhuyan asserted that the state should have filed a review petition against the Supreme Court's May 2022 judgment, declaring the State competent to decide on convicts' remission pleas. The Court declared the remission orders by Gujarat as an "usurpation of power" from the Maharashtra government.

The bench, while setting aside Gujarat's decision to allow the early release of the convicts, emphasized, "Gujarat was complicit and acted in tandem with the convict. This court was misled by suppressing facts. Use of power by Gujarat was only an usurpation of power by the State."

The Court underscored that the appropriate government for remission orders is required to seek permission from the court, emphasizing that the place of occurrence or imprisonment is irrelevant. It expressed bewilderment over Gujarat's failure to file a review petition against the May 13, 2022 ruling, questioning why the state did not seek correction.

The Supreme Court criticized the convict for suppressing material facts, accusing him of playing "fraud." It noted that the convict had not disclosed the dismissal of his plea by the Gujarat High Court, instead applying in Maharashtra, not Gujarat. The Court deemed the convict's actions fraudulent and held the earlier ruling "non est and invalid in law."

The eleven convicts, found guilty in the Bilkis Bano gang rape case during the 2002 Gujarat riots, had been released prematurely by the Gujarat government last year. Various petitioners, including Bilkis Bano, challenged the decision, leading to the recent Supreme Court judgment. The Court directed the convicts to surrender within two weeks, terming their release "deprivation of liberty justified" and highlighting the need for the rule of law to prevail. The decision marks a significant legal outcome, reiterating the importance of due process and challenging the misuse of power by state authorities.

Author: Anushka Taraniya

News Writer, MIT ADT University