On Monday, the Supreme Court quashes the Gujarat government's approval for the early release of convicts involved in the Bilkis Bano gangrape case. This heinous incident occurred amidst the Gujarat riots of 2002.

The division bench, comprising Justices BV Nagarathna and Ujjal Bhuyan emphasized that the Gujarat government lacked the authority to issue the remission order. Further, the Court clarified that the rightful government empowered to pass such orders for remission should have been the one from the State where the trial occurred, which, in this instance, was Maharashtra, not Gujarat.

"On competence of Gujarat government to pass remission orders, it is apparent that appropriate government had to take permission of the court before passing remission orders. This means that place of occurrence or place of imprisonment of convicts are not relevant for remission. The definition of appropriate government is otherwise.'' , the bench said.

The bench clarified that the authority to grant remission doesn't lie with the government of the State where the offense took place. Therefore, the bench held that the remission order must be invalidated.

In its judgment, the Court took a firm stance against one of the convicts, Radhyesham, highlighting his deceitful actions. It was revealed that he had manipulated facts, withheld crucial information, and obtained a favorable order from the apex court in May 2022. This deceptive behavior ultimately resulted in the release of all eleven convicts involved in the case.

The case, marked by heinous crimes against Bilkis Bano and her family members, has been decided by a bench comprising Justices BV Nagarathna and Ujjal Bhuyan, who reserved judgment on October 12.

The heart-wrenching incident saw 11 individuals convicted for the gangrape of Bilkis Bano and the brutal murder of her family members during the Gujarat riots. The Gujarat government's controversial move to grant remission to these convicts has brought the matter before the apex court.

The legal intricacies of the case revolve around a May 2022 judgment that emphasized the consideration of remission applications in alignment with the state's policy where the crime occurred, rather than where the trial took place. Subsequently, the Gujarat government applied its remission policy to release the convicts, despite the trial having taken place in Maharashtra.

The 11 individuals set free following the remission are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana.