“Abuse of discretion” by Gujarat: SC bench, sending Bilkis’ rapists back to jail
The Supreme Court today ruled that the 11 men found guilty of raping Bilkis Bano and murdering her family during the 2002 Gujarat riots, who had been released early due to “good behaviour”, must now return to prison.
The court instructed the convicts to surrender within a two-week period and overturned the Gujarat government’s decision to release them.
This significant ruling highlighted the fact that the Gujarat government lacked the authority to release these individuals in 2022, a decision that had sparked widespread criticism across the country.
“Justice should be served by the courts, not compromised,” remarked Justice BV Nagarathna, leading a bench alongside Justice Ujjal Bhuyan.
The court affirmed that the individuals were tried and sentenced in Maharashtra. Therefore, it is the Maharashtra government, rather than Gujarat, which is responsible for reviewing and commuting their sentences.
In an extensive verdict that lasted nearly an hour in an open court session, Justice Nagarathna emphasized that Gujarat had “usurped” Maharashtra’s authority in issuing an order of remission benefiting the convicts. She characterised Gujarat’s granting of remission to the 11 men as an “abuse of discretion”.
“The remission is invalidated due to the encroachment of authority. Gujarat lacked jurisdiction,” declared the court.
