Bilkis Bano gangrape : In a significant development, the Supreme Court has overturned the Gujarat government’s decision to prematurely release eleven convicts involved in the Bilkis Bano gangrape case. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, ruled that the convicts must report back to jail within two weeks.
The court emphasized that the Gujarat government lacked the authority to pass remission orders, stating that the appropriate government for such decisions is the one in the state where the trial occurred – in this case, Maharashtra, not Gujarat. The judgment underscored the importance of the place of trial over the location of the crime.
Furthermore, the court condemned one of the convicts, Radhyesham, for deceiving the court by withholding crucial information, leading to a favorable order in May 2022 that resulted in the release of all eleven convicts. The court declared the May 2022 judgment as obtained through fraud and, therefore, not legally valid.
Critically, the Supreme Court reprimanded the Gujarat government for failing to file a review plea against the May 2022 judgment, accusing it of colluding with the convicts and encroaching on the jurisdiction of the Maharashtra government in granting remission. The court characterized Gujarat’s actions as complicit and a misuse of power.
Addressing the issue of returning the convicts to jail, the court asserted the supremacy of the rule of law over the liberty of the convicts. Quoting Justice Khanna’s stance in ADM Jabalpur, the court highlighted that the rule of law opposes arbitrariness and insisted that justice must prevail through adherence to legal principles.
The judgment underscored the justification for depriving the convicts of liberty, emphasizing that they forfeited their right to freedom upon conviction and imprisonment. The court asserted that if the convicts seek remission in accordance with the law, they must be in jail, emphasizing the paramount importance of the rule of law.
In conclusion, the Supreme Court’s decision in the Bilkis Bano gangrape case is a resolute affirmation of the rule of law. By overturning the premature release of convicts and condemning fraudulent practices, the court has sent a strong message about the non-negotiable nature of legal principles in dispensing justice. The ruling establishes that no government can act beyond its jurisdiction and underscores the need for adherence to due process, ultimately upholding the integrity of the justice system.
