Bilkis Bano case: Guj govt moves SC seeking review of verdict

The Gujarat government has filed a petition in the Supreme Court seeking a review of the court's verdict that quashed the remission granted to 11 men convicted of raping Bilkis Bano and murdering seven of her family members during the 2002 riots, saying certain observations made against the state were unwarranted.

The Gujarat government has said the apex court's observation in the January 8 judgment, holding the state guilty of "usurpation of power" and "abuse of discretion" for complying with an order of another top court bench, was an "error apparent on the face of the record" primarily on three grounds.

It has said another coordinate bench of the apex court had, in May 2022, held the state of Gujarat to be the "appropriate government" and directed the state to decide the remission application of one of the convicts in accordance with the remission policy of 1992.

"No adverse inference of 'usurpation of power' can be drawn against the state of Gujarat for not filing a review petition against the judgment dated May 13, 2022 (of the coordinate bench)," the review plea says.

"It is humbly submitted that the extreme observation made by this court that the state of Gujarat 'acted in tandem and was complicit with respondent no.3 accused' is not only highly unwarranted and against the record of the case, but has caused serious prejudice to the petitioner-state of Gujarat," it says.

According to the plea, in view of the "errors on the face of the record", the apex court's interference is imperative and it may be "pleased to review its impugned common final judgment and order dated January 8, 2024 ... to the extent as mentioned here in above".

In its 8 January verdict, the apex court had quashed the remission granted to the 11 men convicted in the case and ordered that they be sent back to jail within two weeks.

Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out in the aftermath of the Godhra train burning incident in Gujarat. Her three-year-old daughter was among seven family members killed at that time. The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.

A special CBI court in Mumbai had on January 21, 2008, sentenced the 11 to life imprisonment. Their conviction was later upheld by the Bombay High Court and the Supreme Court.

All 11 convicts were granted remission by the Gujarat government and released on 15 August, 2022.

Excoriating the Gujarat government, the apex court had said in its verdict that the state "usurped" the power of the Maharashtra government to grant remission to the convicts.

It had held as nullity the 13 May, 2022 judgment of another bench of the top court, which had directed the Gujarat government to consider the remission application of one of the convicts in the case, saying it was obtained by "playing fraud on court".

"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," a bench of justices BV Nagarathna and Ujjal Bhuyan had said.

After an 11-day-long hearing that began in August, a division bench of Justices BV Nagarathna and Ujjal Bhuyan had reserved its judgment in this case on October 12. The Supreme Court on January 8 stated that the 11 convicts must report to the concerned jail authorities within two weeks and surrender. "Rule of law must prevail. Since the remission orders are set aside, the natural consequences must follow.”

"Therefore, without going into the manner in which the power of remission has been exercised, we strike down the orders of remission on the ground of usurpation of powers by the state of Gujarat not vested in it. The orders of remission are hence quashed," it had said.

On August 15, 2022, 11 convicts in the Bilkis Bano case walked out of jail as the Gujarat government allowed their release under its remission policy. In May 2022, a bench comprising Justice Ajay Rastogi and Vikram Nath had ruled that the Gujarat government had the jurisdiction to consider the remission request as the offence took place in Gujarat.