Shillong, January 8: In a significant setback for the Gujarat government, the Supreme Court has invalidated its order to release 11 individuals convicted of raping Bilkis Bano and killing seven of her family members during the 2002 post-Godhra riots in Gujarat. The court categorically stated that the Gujarat government lacked the competence to issue such an order.
As per India Today, Justices BV Nagarthana and Ujjal Bhuyan, constituting the bench, delivered the verdict, directing the convicts to surrender within two weeks and return to prison. The bench upheld the validity of a petition filed by Bilkis Bano, challenging the premature release of the 11 convicts.
The Supreme Court declared as a ‘nullity’ its May 13, 2022 order, issued by another bench, instructing the Gujarat government to consider the plea for early release. This order was deemed to be obtained through “court fraud” and the suppression of crucial facts, constituting a violation of the rule of law.
Highlighting the breach of the rule of law through the usurpation of power, the Supreme Court struck down the remission orders, emphasizing that the Gujarat government had overstepped its authority. The court condemned the act of seeking a directive for remission by presenting misleading facts as a “fraudulent act.”
The bench clarified that the Gujarat government lacked the authority to decide on the early release of the convicts, asserting that Maharashtra, where the trial occurred, was the appropriate government entitled to pass such orders, not Gujarat.
The Supreme Court, after extensive hearings over 11 days, reserved its judgment on October 12 the previous year. Original records related to the early release of the convicts were submitted by the Centre and the Gujarat government during the proceedings.
The 11 individuals, including Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana, were prematurely released on August 15, 2022, after serving 15 years in prison. Factors considered included their age and behavior during incarceration.
Bilkis Bano, who was 21 years old and five months pregnant at the time, endured a horrific incident of gang rape while fleeing the riots that erupted after the Godhra train burning incident in Gujarat on March 3, 2002. Tragically, her three-year-old daughter was among the seven family members killed.