Supreme Court’s big Verdict, Strikes down Gujarat Govt order in Bilkis Bano Case

January 8, 2024

New Delhi: Delivering big verdict in Bilkis Bano Case, Supreme Court has striked down the Gujarat government’s order granting remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.

Apex court said that exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power. Court has quashed the order of Gujarat Court which means the 11 convicts of the case will go back to jail.

Verdict was pronounced by bench led by Justice BV Nagarathna. Supreme Court holds that the judgment of May 13, 2022 (which directed the Gujarat government to consider remission of convict) was obtained by “playing fraud” on the court and by suppressing material facts. The convicts had not approached the court with clean hands, said the Supreme Court.

Saying that Gujarat was not competent to pass the remission orders of convicts, SC said, “the State, where an offender is tried and sentenced, is competent to decide the remission plea of convicts. Supreme Court holds that the State of Gujarat was not competent to pass the remission orders of the convicts but the Maharashtra government was.” Court has said that convicts can apply for fresh remission plea to The Maharashtra Government.

Supreme Court further said that it is the duty of this court to correct arbitrary orders at the earliest and to retain the foundation of trust of the public. Court also ordered all the 11 convicts to report back to jail authorities within 2 weeks.

What is Bilkis Bano Case?

In Bilkis Bano Case, Bilkis was gang-raped and left to die. Her family including three-year-old daughter were murdered in Godhara riots of 2002. Later the 11 convicts of Bilkis Bano were sentenced Life-term imprisonment.

In 2022, Gujarat Government released the convicts as per the remission policy of the state. But today, the Apex Court quashed the decision of remission and directed convicts to be sent back in Jail within 2 weeks.