In a setback for the Gujarat government, the Supreme Court has declined to remove comments made in its earlier ruling regarding the release of convicts in the Bilkis Bano case.
The bench, consisting of Justices B V Nagarathna and Ujjal Bhuyan, dismissed the Gujarat government’s review petition, stating, “Having carefully gone through the Review Petition… 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.”
On January 8, the Supreme Court had overturned the Gujarat government’s decision to grant remission to 11 convicts involved in the gang rape of Bilkis Bano and the murder of seven of her family members during the Gujarat riots in 2002.
In its plea, the Gujarat government argued that the court’s remarks describing its actions as “usurpation of power” and “abuse of discretion” were incorrect. The state claimed that a previous ruling by another bench of the Supreme Court, which deemed Gujarat the “appropriate government” to decide on remission, should not lead to adverse conclusions about its actions.
The state also objected to the extreme nature of the court’s statements, saying they were “highly unwarranted” and had prejudiced the state. They requested that the Supreme Court review its January 8 judgment.
The Supreme Court had previously criticized the Gujarat government, stating it had overstepped its authority by granting remission to the convicts without jurisdiction. It declared the orders of remission void, saying that the state had acted improperly in the absence of legal authority.
Bilkis Bano, who was pregnant at the time, was brutally raped during the communal riots, and her three-year-old daughter was among those killed. All 11 convicts were released on August 15, 2022, a move that sparked widespread outrage and criticism.
