In a groundbreaking ruling, the Supreme Court of India has nullified the Gujarat government’s decision to release 11 individuals convicted in the gangrape and murder case of Bilkis Bano and her family members during the 2002 communal riots. The court has instructed the convicts to surrender within two weeks, asserting that the Gujarat government lacked the jurisdiction to determine the remission of their sentences.
The verdict, prompted by various petitions contesting the Gujarat government’s 2022 release decision, underscored that the authority to decide on remission lies with the state where the trial transpired—Maharashtra, in this instance.
The court admonished the Gujarat government for exceeding its authority and infringing on Maharashtra’s jurisdiction by neglecting to file a review petition against the May 2022 judgment. Justice BV Nagarathna, delivering the verdict, underscored the Supreme Court’s role in upholding the rule of law.
Moreover, the court censured the Gujarat government for issuing the remission order in August 2022 without due diligence and thoughtful consideration. The ruling necessitates a fresh remission plea, directing the convicts to seek consideration from the Maharashtra government.
This landmark decision reinforces the primacy of legal procedures and state jurisdictions in addressing heinous crimes, sending a robust signal about the commitment to the rule of law in India.
