Supreme Court nullifies its 2022 order in Bilkis case
11-Jan-2024The Supreme Court on Monday gave its big verdict in the Bilkis Bano gangrape and murder case, in which it struck down the Gujarat government's early release order for 11 convicts.
The Supreme Court on Monday gave its big verdict in the Bilkis Bano gangrape and murder case, in which it struck down the Gujarat government's early release order for 11 convicts. It also came down heavily on one particular convict for playing fraud upon the court, and also the State of Gujarat for siding with the convicts.
It rebuked convict Radhyesham particularly for "suppressing material and making misleading facts" while getting a May 2022 order from the top court to approach the Gujarat government that eventually led to the premature release of all 11 convicts.
"By suppressing material facts and making misleading facts, a direction was sought by the convict to the State of Gujarat to consider remission," the court said during Monday's hearing.
On Monday, the Supreme Court said that the Gujarat government should have filed a review petition against the former's May 2022 judgment and pointed out that it was incorrect to wrest Maharashtra's power in the convicts' premature release.
"It was the State of Maharashtra who could have only passed the remission orders respondent no 3 surreptitiously filed the plea before the Supreme Court. Taking advantage of May 13, 2022 order of this court, other convicts also filed remission applications and the Gujarat government passed remission orders...Gujarat was complicit and acted in tandem with respondent no 3 in this case. This Court was misled by suppressing facts. Use of power by Gujarat was only a usurpation of power by the State," the Supreme Court ruled.
The court also said that the Gujarat government was not "competent" to pass the early release order.
"Place of occurrence of crime and place of imprisonment not relevant considerations. Intention of Parliament is to hold that Govt where the offender is tried and sentenced is the appropriate government. Emphasis is on place of trial rather than place where offence is committed," the top court said.
