A bench of Justices B V Nagarathna and Ujjal Bhuyan today also acknowledged that the petition challenging the premature remission of the eleven convicts in the Bilkis Bano case was valid.
Citing the Gujarat government's incompetence, the Supreme Court on Monday quashed the order allowing the early release of Bilkis Bano’s rapists. A bench of Justices B V Nagarathna and Ujjal Bhuyan today also acknowledged that the petition challenging the premature remission of the eleven convicts in the Bilkis Bano case was valid.
Quashing the Gujarat government's decision to grant remission, the apex court on Monday said that the remission of convicts was obtained by playing 'fraud on court'. Moreover, the bench also directed the eleven convicts in the case to surrender before jail authorities within two weeks.
Back on October 12, the apex court's verdict was reserved by a bench of Justices B V Nagarathna and Ujjal Bhuyan following 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.
Earlier, 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 Bilkis Bano's petition, 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.
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Bilkis Bano was 21 years old and five months pregnant when she was gang-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.