Supreme Court Rejects Gujarat's Review Of Bilkis Bano Case Criticism

The Supreme Court of India dismissed a plea from the Gujarat government seeking to review its previous order regarding the remission granted to 11 convicts in the Bilkis Bano gang rape case of 2002, on September 26, 2024.

The Supreme Court's January 8 order contained strong criticisms of the state, describing it as "complicit" and "acting in tandem" with the accused-a characterization that the Gujarat government sought to challenge and expunge.

Photo Credit: PTI

Supreme Court Rejects Gujarat's Review

A bench comprising Justices BV Nagarathna and Ujjal Bhuyan carefully examined the review petitions and ultimately concluded that there was "no error apparent on the face of the record" and no merit warranting a reconsideration of the January ruling. The court also denied the state's request for an open-court hearing on the matter.

In addition to the Gujarat government's plea, the Supreme Court also dismissed a review petition filed by one of the convicts, Ramesh Rupabhai Chandana. His petition challenged the earlier verdict that set aside the Gujarat government's remission order, which had been issued in August 2022. The court clarified that the Maharashtra government held the authority to decide on remission, as the trial for the Bilkis Bano case had been moved to Maharashtra based on a Supreme Court directive in 2004.

The Gujarat government had filed its review petition in February, objecting to the harsh remarks made against it in the January ruling. The state claimed that the characterization of its actions as complicit with the accused was unwarranted and inconsistent with the case records, arguing that such remarks had prejudiced its reputation.

The Supreme Court's January 8 judgment had made these comments while addressing the Gujarat government's failure to contest a prior decision from May 13, 2022, which directed the state to process the remission plea of one of the convicts, Radheyshyam Bhagwandas Shah. Notably, the top court was not informed that the Gujarat High Court had determined that the Maharashtra government should be the appropriate authority for deciding on premature releases.

In its ruling, the Supreme Court stated that the Gujarat government had not sought a review of the May 2022 order, failing to notify the court that it was contrary to Section 432(7) of the Criminal Procedure Code and existing judgments. The court described the actions of the Gujarat government as an instance of "usurpation of power."

Bilkis Bano, who was 21 years old and five months pregnant at the time, was gang-raped while attempting to escape with her family during the 2002 Gujarat riots. In addition to the assault, 11 individuals were convicted for the murder of seven members of her family, including her three-year-old daughter. A Mumbai court sentenced the 11 convicts to life imprisonment in January 2008, and their appeals were dismissed by the Bombay High Court in 2017.