Supreme Court of India dismissed the argument of 'judicial propriety' put forth by the Gujarat Government and senior advocate Rishi Malhotra in the Bilkis Bano case. The court upheld its earlier 2021 ruling which permitted the Gujarat Government to consider remission applications, emphasizing that this ruling would not prevent a subsequent judicial review of the remission orders that were subsequently passed.

The case pertains to the controversial decision of the Gujarat Government to grant remission to 11 convicts who had been sentenced to life imprisonment for their involvement in multiple murders and violent sexual assaults during the 2002 communal riots in Gujarat. The convicts were released last year on Independence Day after the Gujarat Government approved their applications for remission of their sentences.

Senior Advocate Rishi Malhotra argued on behalf of the convicts that the remission orders were beyond question due to the Supreme Court's earlier decision asking the Gujarat Government to dispose of their applications for premature release. He contended that the court could not sit in judgment over a coordinate bench's decision.

However, the bench of Justices BV Nagarathna and Ujjal Bhuyan rejected this contention, clarifying that the causes of action for seeking remission and challenging remission orders were distinct. They emphasized that the 2021 decision served as the starting point, whereas the current challenge focused on the end point - the remission orders themselves.

Justice Bhuyan emphasized that their examination was limited to the remission order, and Justice Nagarathna stressed that the court was not sitting in judgment over a coordinate bench's ruling but was specifically reviewing the remission order.

Senior Advocate Indira Jaising and other counsels representing various politicians, activists, and concerned civil society members resisted the challenge to the maintainability of the Public Interest Litigation (PIL) petitions filed against the Gujarat Government's decision. They also attacked the legality of the remission decision, arguing that the convicts' release was premature and didn't consider important factors required by the law.

The court adjourned the hearing until August 31, where respondents' counsels are expected to continue their oral submissions.

The case has drawn significant attention due to its connection to the horrific 2002 communal riots in Gujarat. Bilkis Bano, who was a victim of gang rape and multiple murders during the riots, had earlier received compensation and support from the Gujarat Government following the Supreme Court's directives.

Supreme Court Case: Bilkis Bano Seeks Judicial Review in Writ Petition (Criminal) No. 491 of 2022