The 2002 Gujarat riots gave rise to the Bilkis Bano case, which has become a landmark in Indian legal history. Seven of Bilkis Bano's family members were killed during the horrific gangrape of the 21-year-old, five-month pregnant woman during these riots, which were sparked by the Godhra train burning incident. The incident happened amid the social unrest that followed the fire on February 27, 2002, at the Sabarmati Express. In 2008, a special court in Mumbai sentenced 11 convicted individuals to life in prison. However recent events have brought attention to the remission that these prisoners received, igniting a legal dispute that has reached the Supreme Court.
Supreme Court Updates:
Judge Nagarathna renders her decision:
She quotes Plato as she delivers her ruling, emphasizing that punishment should be used for reformation rather than retaliation. She wonders if horrible crimes against women can be forgiven. The Supreme Court declares, "We strike down the remission orders on the ground of usurpation of power by Gujarat Government." According to the Supreme Court, this is a classic case in which the remission granted by the court's order was used to violate the 'rule of law.'
The Gujarat government is accused of hiding important facts by the Supreme Court, orders all 11 convicts to return to prison:
The Supreme Court ruled that material facts were withheld and that "playing fraud" on the court was used to obtain the May 13, 2022 ruling. The Gujarat government was instructed by the 2022 order to examine the remission of a convict. In its affidavit, the Gujarati government had defended the remission given to convicts. They served 14 years in prison, according to the affidavit, and their "behavior was found to be good."
The Supreme Court: "May 13, 2022 order was obtained by playing 'fraud on court,'"
The Supreme Court's May 13, 2022, order from a different bench regarding the remission of convictions was obtained through "fraud on court."
The convict's argument:
Advocate Rishi Malhotra, who represents one of the guilty, contended that Gujarat had granted the plea for early release due to a May 2022 ruling by the Supreme Court. The State's 1992 Premature Release Policy had permitted the State to consider the pleas for early release.
Bilkis Bano Convicts'
A plea to review the May 2022 ruling was rejected by the Supreme Court.
Justice Justice Nagarathna says, ‘Govt of State of Gujarat had no competence to entertain the applications’
Judges B V Nagarathna and Ujjal Bhuyan of the Supreme Court rendered a decision today regarding Bilkis Bano's request for the remission of eleven convicted individuals, “Decision rendered in ignorance of statute or binding precedents is per incuriam."
Justice Nagarathna added, "We hold : (1) Govt of State of Gujarat had no competence to entertain the applications for remission or pass orders thereon.
(2) This Court's order dated 13.05.2022 obtained by fraud a nullity. All proceedings taken in furtherance of the judgment are also vitiated and a nullity in law."
Gujarat High Court authority questioned:
The Gujarat government's actions were questioned by the Supreme Court, which voiced concerns about the convicts' early release during the hearing. The government's decision to release the prisoners early is "thin ice," according to the court.
The Gujarat government was deemed incompetent by the Supreme Court to have granted remission to eleven convicted individuals who were given life sentences for the gangrape of Bilkis Bano and the murder of her family members during the 2002 communal riots in Gujarat.
The Gujarat government was accused of hiding important facts by the Supreme Court. The court emphasized the violation of the rule of law in declaring that the remission orders, which were issued in August 2022, should be quashed.
(documents filed by Gujarat Govt dated Jan 17, 2021)
Overview of the Case:
The CBI was looking into the Bilkis Bano case when the trial was moved from Gujarat to Mumbai. The 11 convicts were given life sentences by a special Mumbai court in 2008; the Bombay High Court upheld this decision in 2017.
Courtes' Directives: Deadline for Records Submission:
The Center and the Gujarati government received an order from the Supreme Court on October 12 requiring them to turn in documents by October 16. The court underlined that original documentation was necessary for the sentence remission.
Supreme Court Reserves Order; Decision Awaited:
Following an 11-day trial that started in August, the Supreme Court reserved its decision on October 12 in response to pleas contesting the convictions' remission. The verdict awaited with anticipation, will shape the course of justice in the Bilkis Bano case.
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