Bilkis Bano rape case: Supreme Court orders re-imprisonment of eleven convicts within two weeks

The eleven convicts found guilty in the Bilkis Bano gang rape case have been ordered to be re-imprisoned within two weeks by the Supreme Court today, after the top court quashed the Gujarat government's August 2023 decision to release the convicts from jail early. .The convicts are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radheshyam Bhagwandas Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.The Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan today concluded that the Gujarat government had no power to apply its remission policy to these eleven convicts..Rather, the Court found that it was the Maharashtra government that should have taken a call in the matter since the trial in the Bilkis Bano rape case took place in Maharashtra. ."Article 142 cannot be invoked by us to allow the convicts to remain out of jail and this would mean making them beneficiary of orders which are invalid. We hold that deprivation of liberty to the respondents (convicts) is justified. They have lost their right to liberty once they were convicted and imprisoned. if they want to seek remission in accordance with law then they have to be in jail. Thus all respondents are directed to report to jail authorities in two weeks," the Court ordered..The bench slammed the Gujarat government for "usurping" the power of the Maharashtra government in the matter. The Court also found that a May 2022 Supreme Court order which paved the way for the Gujarat government to apply its remission policy and order the early release of the convicts in this case was obtained by fraud and was invalid.On the conundrum of sending the convicts back to the jail, the Court said the following:"For us the main goal of human rights is personal liberty and it can be taken away only in accordance with law but here release has been due to orders which are non est and without jurisdiction. Should they be sent back to prison?"It then proceeded to answer the same. The bench held that rule of law does not mean protection to a fortunate few and if the judiciary has to perform its function effectively, then it cannot base its decisions on compassion or sympathy and must do its duty without fear or favour.Having concluded that the Gujarat government was wrong to have assumed that it had the power to order the early release of the convicts, the Court proceeded to order that the convicts surrender before the jail authorities so that they can be re-imprisoned in two weeks time. "We hold that deprivation of liberty to the respondents is justified. They have lost their right to liberty once they were convicted and imprisoned. if they want to seek remission in accordance with law then they have to be in jail. Rule law must prevail. Thus, all respondents are directed to report yo jail authorities within two weeks," the bench ordered..Bilkis Bano gangrape: Supreme Court quashes Gujarat government's decision to allow premature release of convicts.The eleven convicts (respondents) before the top court had been convicted for raping Bilkis Bano and murdering her family members during the Gujarat riots of 2002.On the eve of Independence day last year, on August 14, 2023, these convicts were released from prison early, without serving out their full imprisonment sentence.The Gujarat government granted the remission of their sentence following a May 2022 judgment in which the top court held that an application of remission should be considered in line with the policy of the State where the crime was committed (Gujarat, in this case) and not where the trial was held.Pursuant to that judgment, the Gujarat government had applied its remission policy to release the convicts though the trial in the case had taken place in Maharashtra.Gujarat Additional Chief Secretary (Home) Raj Kumar reportedly said that the convicts were released due to the “completion of 14 years” in jail and other factors such as “age, nature of the crime, behaviour in prison and so on."The Gujarat government's decision was challenged by various petitioners including Bano before the top court.The Court today set aside the Gujarat government's decision and also criticised it for usurping the Maharashtra government's powers.The Court proceeded to opine that the convicts release should be sent back to prison, where they can apply for remission again before the appropriate authority (Maharashtra government)..[Read judgment]