New Delhi: The government of Gujarat "usurped and abused power" not vested in it when it ordered the release of 11 people convicted for raping Bilkis Bano, the Supreme Court of India said on Monday. The court today directed the convicts to surrender before the authorities within two weeks.
The Supreme Court, while hearing a clutch of petitions against the Gujarat government's 2022 order, said the state wasn't competent to release the convicts. The court said only the state where the trial had taken place -- in this case, Maharashtra -- has the right to take a call on remission of sentence.
In strongly worded observations, the Supreme Court blamed the Gujarat government for breaching the rule of law.
"Rule of law is breached because the Gujarat government usurped power not vested in it and abused its power. On that ground also, the remission orders deserve to be quashed...We strike down the remission orders on the ground of usurpation of power by the Gujarat government," the bench said, PTI reported.
Also read: Bilkis Bano case: SC scraps Gujarat govt's remission, convicts sent back to jail
{{/usCountry}}Also read: Bilkis Bano case: SC scraps Gujarat govt's remission, convicts sent back to jail
{{/usCountry}}The court also said that the orders were "stereotyped" and passed without application of mind.
The court said the convicts will have to approach the Maharashtra government for a fresh request seeking remission.
The court ruled that its May 13, 2022, verdict by another bench asking the government to consider remission plea of convicts, was a nullity. The court said the order was secured by fraud.
Setting aside the decision, the bench said: "Compassion and sympathy has no role to play where rule of law is to be enforced. This court must be a beacon in preserving rule of law".
Bilkis Bano was raped during the communal riots in Gujarat. She was 21 and five months pregnant then. Several members of her family were killed, including her three-year-old daughter.
Meanwhile, Congress MP Pramod Tiwari said the verdict is a "tight slap on the face of the BJP government in Gujarat".