SC quashes early release of Bilkis convicts, decries 'fraud'

The Supreme Court on Monday scrapped the remission granted to 11 men convicted in the Bilkis Bano gang rape case and directed them to surrender in two weeks, holding that the Gujarat government was complicit with the prisoners and wrongly exercised its power to order their premature release.

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The court said Gujarat usurped the power of Maharashtra, where the original trial of the convicts happened, to grant remission, and nullified a 2022 judgment by another bench of the top court, which had directed Gujarat to consider the remission applications of the 11 convicts, saying it was obtained by "playing fraud" on court.

"This is a classic case where the order of this court dated May 13, 2022, has been used for violating the rule of law while passing orders of remission in favour of respondent 3 to 13 (convicts) in the absence of any jurisdiction by the state of Gujarat. Therefore, without going into the manner in which the power of remission has been exercised, we strike down the orders of remission on the ground of usurpation of powers by the state of Gujarat not vested in it. The orders of remission are hence quashed," a bench of justices BV Nagarathna and Ujjal Bhuyan said.

"Justice is supreme and justice ought to be beneficial for the society. Law courts exist for the society and ought to rise to the occasion to do the needful in the matter." The judgment draws the curtains on a controversial epilogue of one of the most high-profile incidents in the 2002 Gujarat riots and one that was part of a raft of cases where the apex court shifted the trial out of Gujarat. The release of the men and their public felicitation just months ahead of the Gujarat elections in 2022 sparked widespread condemnation.