Supreme Court orders Bilkis Bano case convicts to return to jail

New Delhi, Jan 8: The Supreme Court has overturned the Gujarat government's decision to prematurely release convicts in the Bilkis Bano case, an incident of gang rape and murder during the 2002 Gujarat riots.

Justices BV Nagarathna and Ujjal Bhuyan, leading the bench, have ordered the eleven convicts to return to jail within two weeks, highlighting a significant misstep in the application of remission laws.

The court found that the Gujarat government overstepped its jurisdiction, as the appropriate authority for remission in this case was the Maharashtra government, where the trial was held.

This ruling corrects a significant legal misinterpretation, emphasizing the importance of the trial location over the place of the crime in determining remission authority.

Furthermore, the judgment sternly reprimanded one of the convicts, Radhyesham, for deceiving the court and obtaining a favourable judgment in May 2022, which led to the release of all eleven convicts. This deception was termed as 'fraudulent' by the court, invalidating the May 2022 judgment.

The verdict represents a reaffirmation of the rule of law over individual liberties in cases of severe criminal conduct. The bench emphasized the need for adherence to legal principles, stating that justice cannot be upheld without strict adherence to the rule of law.

This decision also brought to light the complications and procedural lapses on the part of the Gujarat government, which failed to challenge the May 2022 judgment and instead colluded with the convicts, usurping the jurisdiction of the Maharashtra government.