On Monday, the Supreme Court invalidated the Gujarat government's authorization for the early release of convicts in the Bilkis Bano gangrape case, which occurred during the 2002 Gujarat riots [Bilkis Yakub Rasool v. Union of India and ors].
A bench comprising Justices BV Nagarathna and Ujjal Bhuyan clarified that the Gujarat government lacked the authority to issue the remission order. Instead, the government entitled to pass such orders was the one in the state where the trial had taken place—in this instance, Maharashtra, not Gujarat.
The Court emphasized that the place of trial holds more significance than the location of the crime or the convicts' imprisonment when it comes to remission orders. Consequently, the order of remission was deemed invalid by the bench.
Furthermore, the Court strongly criticized one of the convicts, Radhyesham, for deceiving the Court by concealing crucial information, which led to a favorable order from the Supreme Court in May 2022, resulting in the release of all eleven convicts.
The Court declared the May 2022 judgment as obtained through fraudulent means and thus not legally valid.
This judgment stemmed from multiple petitions contesting the release of the convicts involved in the gangrape and murder of Bilkis Bano's family members during the riots.
The released convicts include Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana.
The Gujarat government's decision to grant them remission was challenged by various petitioners, including Bilkis Bano, before the Supreme Court.
