The Supreme Court
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New Delhi: In a strong rebuke to the Gujarat government, the Supreme Court on Monday declared that it has granted premature release of convicts in the Bilkis Bano case in abuse of its power and after being in complicit with them.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said the Gujarat government, which usurped the power of the Maharashtra government, simply brushed aside the opinion of the Special Judge (CBI), Greater Mumbai.
Instead the opinion of the Sessions Judge, Godhra, District Panchmahal within whose jurisdiction the offences had occurred and who was a member of the Jail Advisory Committee was highlighted by the Gujarat government, it noted.
"Although this opinion is also a negative opinion, the same is not in accordance with sub-section (2) of Section 432 of the CrPC and, therefore, is of no consequence except when viewed from the prism of being an opinion of one of the members of the Jail Advisory Committee, Dahod Jail," the bench said.
The proceedings of the Jail Advisory Committee of Dahod Jail, which had recommended remission is itself vitiated and further, there is no compliance of sub-section (2) of Section 432 of the CrPC, so the said opinion was not considered by the appropriate government. On that score also, the orders of remission are vitiated, the bench said.
With regard to previous order of May 13, 2022 by a two-judge bench allowing the Gujarat government to decide remission plea, the bench said the State of Gujarat has acted in tandem and was complicit with what the petitioner-respondent No 3 (one of the convicts) herein had sought before this court.
"This is exactly what this court had apprehended at the previous stages of this case and had intervened on three earlier occasions in the interest of truth and justice by transferring the investigation of the case to the CBI and the trial to the Special Court at Mumbai," the bench said.
When no intervention was called for in the writ petition, this court was misled to issue directions contrary to law and on the basis of suppression and misstatements, the bench said.
"If really State of Gujarat had in mind the provisions of law and the judgments of this court, and had adhered to the rule of law, it would have filed a review petition that it was not the appropriate Government. By failing to do so, not only are the earlier orders of this court in the matter have been vindicated but more importantly, rule of law has been breached in usurping power not vested in it and thereby aiding the convicts," the bench said.
"This is a classic case where the order of this court of May 13, 2022 has been used for violating the rule of law while passing orders of remission in favour of respondent Nos 3 to 13 in the absence of any jurisdiction by respondents – State of Gujarat," the bench added.