In Bilkis Bano order, the rule of law is upheld
Hindustan TimesOn January 8, in a much-awaited decision, the Supreme Court of India quashed the grant of remission to the 11 men who had been convicted of gangraping Bilkis Bano during the 2002 Gujarat riots and murdering seven of her family members. After engaging in a detailed analysis, the Court — writing through justices BV Nagarathna and Ujjal Bhuyan — quashed the Gujarat government’s remission order on three broad grounds, each of which had to do with the violation of procedural safeguards. However, once the 2022 order came out, the Gujarat government moved immediately to grant remission, instead of filing a review petition challenging the correctness of the order. The Court held that this amounted to the Gujarat government “usurping” a power that never belonged to it and that its remission order was entirely vitiated. Indeed, in this case, the presiding judge had issued an opinion rejecting remission; however, when subsequently the Gujarat government assumed to itself the power to grant remission, it proceeded to ignore that opinion.