The Supreme Court on Monday quashed 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, saying the orders were "stereotyped" and passed without application of mind.
A bench of Justices B V Nagarathna and Ujjal Bhuyan directed the convicts to surrender before jail authorities within two weeks.
Holding the PIL challenging the remission as maintainable, the bench said the Gujarat government was not the appropriate government to pass the remission order.
The apex court clarified that the State, where an offender is tried and sentenced, is competent to decide the remission plea of convicts. The convicts were tried by Maharashtra.
"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.
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 process of law.
"We strike down the remission orders on the ground of usurpation of power by Gujarat government," the bench said.
The apex court had on October 12 last year reserved its verdict after an 11-day hearing on the petitions, including the one filed by Bano.
While reserving the judgement, the apex court had directed the Centre and the Gujarat government to submit by October 16 the original records related to the remission of sentence of the 11 convicts.
While hearing the matter in September last year, the top court had asked whether convicts have a fundamental right to seek remission.
During the earlier arguments, the apex court had observed that state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.
Besides the petition filed by Bano contesting the remission granted to them by the Gujarat government, several other PILs, including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma, have challenged the relief.
TMC leader Mahua Moitra has also filed a PIL against the remission and their premature release.
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.
