Supreme Court Overturns Gujarat Government's Remission in Bilkis Bano Case; Convicts Ordered Back to Jail

The Supreme Court of India has invalidated the Gujarat government's controversial move to prematurely release 11 individuals convicted in the Bilkis Bano gangrape and murder case during the 2002 communal riots. The convicts, who were released by the Gujarat government in 2002, have now been directed to surrender within two weeks.

The court, delivering its verdict on a series of petitions challenging the government's 2022 decision, emphasized that the Gujarat government lacked the jurisdiction to determine the remission of sentences. According to the Supreme Court, the authority to decide on remission pleas for the convicts lies with the state where the trial originally took place – in this instance, Maharashtra.

In a strongly worded statement, Justice BV Nagarathna, who announced the verdict, criticized the Gujarat government for overstepping its bounds and infringing upon the authority of the Maharashtra government by not filing a review petition against the May 2022 judgment.

The court stressed its role as a guardian of the rule of law, asserting that the Supreme Court must act as a beacon in upholding legal principles.

Additionally, the Supreme Court admonished the Gujarat government for issuing the remission order in August 2022 in a mechanical manner, lacking thoughtful consideration.

As per the court's ruling, the convicted individuals must now approach the Maharashtra government with a fresh remission plea, adhering to the proper legal procedures.