The Supreme Court of India Monday strike down the decision of Gujarat government to grant remission to 11 convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots in the state.
The apex court said the Gujarat government had no competence to grant remission and has directed all 11 convicts in the case to surrender before jail authorities within two weeks.
“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,” Justice BV Nagarathna said.
The court further said, instead, the state of Maharashtra is the court that has the power to pass orders of remission.
The SC held that the state of trial and sentencing is the “appropriate” government with powers to pass orders of remission. On the apex court order, the trial and sentencing the Bilkis Bano case had been transferred from Gujarat to Maharashtra.
The Gujarat government had released the 11 convicts on the basis of the 1992 remission policy and not the policy adopted in 2014 which is effective today.
Bilkis Bano was 21-years-old and five months pregnant when she was raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the seven family members killed in the riots.
All 11 convicts were granted remission by the Gujarat government and released on 15 August, 2022.
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