Bilkis Bano Case: All 11 convicts were granted remission by the Gujarat government.
New Delhi:
The Supreme Court today cancelled the Gujarat government’s decision 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.
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 August 15, 2022.
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Here are the key points from the judgement:
- Gujarat could not have granted remission as they are not competent
- Supreme Court order dated May 2022 was obtained through fraudulent means and suspension of facts.
- Gujarat government should have filed a plea seeking review of the 2022 order stating they aren’t the competent government
- The exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power
- Allowing convicts to remain out of prison will amount to giving an imprimatur to invalid orders
- In a massive relief for Bilkis Bano, the Supreme Court today cancelled the Gujarat government’s decision to release the 11 convicts who raped her and killed her family during the 2002 Gujarat riots.
- The Gujarat government was not competent to release the men, the Supreme Court said, adding that the decision was up to the Maharashtra government.
- “The exemption order lacks competence,” the Supreme Court said