Supreme Court nullifies 2022 order due to fraudulent means
New Delhi, January 08: In a significant turn of events, the Supreme Court, on Monday, revoked its May 2022 order allowing 11 convicts involved in the rape and murder of Bilkis Bano during the 2002 Godhra riots to appeal for early remission. The court, led by Justice Ajay Rastogi (retired), declared the order was "obtained through fraudulent means and suspension of facts." It criticised the Gujarat government for not filing a petition to review the convicts' release, emphasising that the competent authority for their release was Maharashtra, where they were tried.
The court accused the convicts of suppressing material facts and resorting to misleading information to seek a direction from the Gujarat government for remission. It clarified that no such direction was given by the court, labeling the act as fraudulent. The 11 convicts now have a two-week period to return to jail.
The background to this legal saga traces back to a writ petition filed by one of the convicts, Radheyshyam Bhagwandas Shah, after the Gujarat High Court rejected his appeal in July 2019. The High Court ruled against his plea to the state for remission, stating that he should have approached the court for such matters. However, the Supreme Court, in its May 2022 order, surprisingly accepted the writ petition and directed the Gujarat government to decide on the remission plea.
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The court expressed bewilderment in August over its own order and, in Monday's decision, clarified the fraudulent nature of the convicts' actions.
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The convicts were initially released by the Gujarat government on Independence Day in 2022, citing an outdated law. A panel, including individuals affiliated with the ruling BJP, justified their release by deeming them "sanskari Brahmins" under a 1992 remission policy, which has since been superseded by a law prohibiting releases in capital offense cases.
The controversial release saw the convicts receiving a hero's welcome, sharing the stage with a BJP MP and MLA. Bilkis Bano, who endured the heinous crimes during the communal riots, continues to be a symbol of resilience against injustice.
(Inputs from agencies)
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