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 killing seven of her family members during the 2002 riots, asserting that certain remarks made against the state were unjustified.
The Gujarat government contends that the apex court’s remark in the January 8 ruling, holding the state culpable of “usurpation of power” and “abuse of discretion” for adhering to an order from another top court bench, constitutes an “error apparent on the face of the record” primarily on three grounds.
It notes that another coordinating bench of the apex court had, in May 2022, identified the state of Gujarat as the “appropriate government” and instructed the state to adjudicate the remission application of one of the convicts in line with the 1992 remission policy.
“The state of Gujarat cannot be inferred to have engaged in ‘usurpation of power’ for not submitting a review petition against the May 13, 2022 judgment (of the coordinating bench),” the review plea asserts.
“It is respectfully submitted that the severe remark by this court implying that the state of Gujarat ‘acted in tandem and was complicit with respondent no. 3/accused’ is not only highly unwarranted and contrary to the case’s record but has also caused significant prejudice to the petitioner-state of Gujarat,” it states.
In light of the “errors on the face of the record,” the plea argues that the apex court’s intervention is necessary, and it may “kindly consider reviewing its contested final judgment and order dated January 8, 2024… to the extent as specified above.”
In its January 8 ruling, the apex court quashed the remission granted to the 11 convicted individuals in the case and directed their return to prison within two weeks.
Bilkis Bano was 21 years old and five months pregnant when she was raped by the men while escaping the horrors of the communal riots that erupted in Gujarat following the Godhra train-burning incident in February 2002. Her three-year-old daughter was among the seven family members killed.
All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022.
The Apex Court invalidated the May 13, 2022 judgment of another top court bench, which had directed the Gujarat government to consider the remission application of one of the convicts in the case, deeming it obtained through “fraud on the court.”
“This is a classic case where the May 13, 2022 court order has been exploited to violate the rule of law while granting leniency to respondent nos. 3 to 13 (convicts) without any jurisdiction by the state of Gujarat,” a bench comprising justices B V Nagarathna and Ujjal Bhuyan remarked.
