The Supreme Court, led by Justice B.V. Nagarathna, has canceled the early release granted to 11 convicts in the Bilkis Bano gang rape and murder case.

The Supreme Court, led by Justice B.V. Nagarathna, has canceled the early release granted to 11 convicts in the Bilkis Bano gang rape and murder case. The court stated that the Gujarat government didn't have the authority to approve the release. This decision came during a hearing on pleas opposing the Gujarat government's premature release of these men who were serving life sentences. The focus of the arguments was on whether the state followed consistent standards when granting early release to these convicts, especially given the serious nature of their crimes. The Gujarat government based its decision on its 1992 remission policy rather than the current 2014 policy. The convicts were released in August last year. On January 8, 2024, the court ruled that Gujarat overstepped its authority, as Maharashtra was the appropriate government to consider remission. It noted that all remission orders were stereotyped, citing legal precedents on how false statements and suppression of facts can affect court orders. The court also mentioned that the previous Supreme Court verdict, favoring the convicts, was misleading and vitiated by fraud. The judgment emphasized that Gujarat was not competent to pass remission orders, given that the crime occurred in Gujarat, but the trial took place in Maharashtra. The court declared PILs (Public Interest Litigations) not maintainable but kept challenges against remissions open. Justice Nagarathna, during her verdict, questioned whether heinous crimes against women should be considered for remission.

The defense argued that Gujarat considered the plea for early release based on a Supreme Court judgment in May 2022, allowing the state to consider pleas for early release under the 1992 Premature Release Policy. The court dismissed a plea to review the May 2022 judgment. Additionally, it was pointed out that none of the other convicts, except convict no. 3, sought remission, so their remissions were also quashed. The judgment raised questions about the fate of a fine that the convicts were supposed to pay, and it was noted that Bilkis Bano's lawyer argued that the convicts did not deserve remission for the severity of their crimes. The release of the 11 convicts in the Bilkis Bano case, who walked free on August 15, 2022, has sparked widespread outrage and is now under challenge in the Supreme Court.