SC sends Bilkis Bano's convicts to jail, again: All you need to know about the 2002 Gujarat riots case
Supreme Court on Monday invalidated the Gujarat government's decision to grant remission to 11 convicts involved in the Bilkis Bano gangrape and the murder of seven of her family members amid the 2002 riots in the state.
The court asserted that the remission orders lacked thoughtful consideration, deeming them «stereotyped.» Justices B V Nagarathna and Ujjal Bhuyan, presiding over the bench, instructed the convicted individuals to surrender to jail authorities within a span of two weeks.
In response to a Public Interest Litigation (PIL) challenging the remission, the bench deemed it maintainable and underscored that the Gujarat government was not the competent authority to issue such orders.
Here's what the SC said
The Supreme Court, while delivering the verdict, said, «We need not have gone into the other issues. But for sake of completion, we have. Rule of law is breached because the Gujarat government usurped power not vested in it and abused its power. On that ground also, the remission orders deserve to be quashed,» the bench said while pronouncing the judgement which spanned over 100 pages.
Bilkis Bano case: SC quashes Gujarat govt's remission order, directs 11 convicts to report to jail within two weeks
The top court also held as 'nullity' its May 13, 2022 order of another bench asking the Gujarat government to consider remission plea of convicts as it was obtained by «playing fraud on the court» and by suppressing material facts.
It said this is a classic case where the order of this court was used to violate the rule of law by granting remission.
The top court said Rule of law has been breached by usurpation of power and May 13, 2022 order has been used to usurp the powers and abuse the
