New Delhi, September 27 – In a significant development, the Supreme Court of India dismissed a review petition filed by the Gujarat government, challenging its earlier judgment related to the release of 11 convicts in the Bilkis Bano case. The court’s decision has reaffirmed its stance on the matter, which had garnered widespread public attention due to the sensitive nature of the case.
A bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan delivered the ruling on Thursday, stating that there was “no error apparent on the face of the record” and that the review petition lacked merit. The judges expressed satisfaction with the original verdict and found no compelling reason to reconsider or alter their previous decision.
“Having carefully gone through the Review Petition, the order under challenge, and the supporting documents, we are satisfied that there is no error apparent on the face of the record or any merit in the Review Petition, warranting reconsideration of the order impugned. The Review Petition is, accordingly, dismissed,” the bench observed in its order.
Gujarat’s Plea to Overturn Adverse Observations Denied
The Gujarat government had sought a review of the Supreme Court’s January 8 verdict, where the court had struck down the state’s decision to grant remission to the convicts. The government’s plea argued that the apex court’s critical remarks—specifically accusing the state of “usurpation of power” and “abuse of discretion”—were based on an apparent error in the original judgment.
However, the court remained firm in its decision, rejecting both the plea for review and the Gujarat government’s application for an open-court hearing. The rejection signifies that the adverse observations made in the January 8 judgment will stand, and the state’s actions will continue to be seen as an overreach of power.
The Gujarat government, in its review petition, contended that no adverse inference should be drawn against it for not filing a review petition earlier, referencing a coordinate bench’s judgment dated May 13, 2022. Yet, the Supreme Court maintained that Gujarat had exceeded its jurisdiction when it granted remission to the convicts.
Background of the Bilkis Bano Case
The Bilkis Bano case is a harrowing chapter from the 2002 Gujarat riots, which erupted following the Godhra train-burning incident. Bilkis Bano, who was five months pregnant at the time, was gang-raped while she and her family were attempting to flee the communal violence. Along with the assault on Bilkis, seven of her family members, including her three-year-old daughter, were brutally killed during the riots. The brutality of the crime shocked the nation and led to long judicial proceedings.
In August 2022, the Gujarat government granted remission to all 11 convicts involved in the case, leading to their release on Independence Day. This move was met with widespread criticism from civil rights groups, activists, and citizens, who questioned the morality and legality of such an action, especially in a case that had drawn international attention.
Supreme Court’s January 8 Ruling
On January 8, 2024, the Supreme Court quashed the remission orders granted by the Gujarat government, declaring that the state had no jurisdiction to offer such relief. The bench pointed out that since the crime had taken place in Maharashtra, the power to grant remission rested with the Maharashtra government, not Gujarat.
The court harshly criticised the state of Gujarat for “usurping” the authority of Maharashtra, terming the remission a violation of the rule of law. “This is a classic case where the order of this court dated 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 (convicts) in the absence of any jurisdiction by the state of Gujarat,” the court had noted in its judgment.
The apex court further ordered that the convicts be sent back to jail within two weeks, striking down the orders of remission as unlawful. The dismissal of Gujarat’s review petition on Thursday reinforces this judgment, ensuring that the convicts’ release remains overturned.
Legal and Public Repercussions
The Supreme Court’s refusal to reconsider the case has broader implications for the legal framework surrounding remission in cases involving serious crimes like rape and murder. By upholding its original verdict, the court has reinforced the importance of adhering to proper jurisdictional boundaries when dealing with such sensitive matters.
The case has also reignited discussions around the Gujarat riots, the handling of communal violence cases, and the accountability of state governments in ensuring justice for victims. Bilkis Bano’s plight has long symbolised the struggle for justice in the aftermath of the Gujarat riots, and the latest Supreme Court decision is seen by many as a victory for the rule of law.
While the Gujarat government’s options for further legal recourse seem limited after this dismissal, the case continues to be a point of contention, both in legal circles and in public discourse, over the limits of state power in granting clemency.
