The Supreme Court on Thursday dismissed a plea filed by the Gujarat government seeking a review of the court's verdict related to the release of the 11 convicts in the Bilkis Bano case.
A bench of Justices B.V. Nagarathna and Ujjal Bhuyan rejected the plea and stated that there was “no error apparent on the face of the record or any merit in the petition”.
"Having carefully gone through the Review Petition, the order under challenge and the papers annexed therewith, 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 said.
The bench also rejected the application for a listing review petition in open court.
The Gujarat government in its review petition plea said the apex court's observation in the January 8 judgment, holding the state guilty of "usurpation of power" and "abuse of discretion", was an "error apparent on the face of the record".
The SC in its January 8 verdict, quashed the remission granted to the 11 convicts in the Bilkis Bano case and ordered they be sent back to jail within two weeks.
Criticising the Gujarat government, the SC pointed out that the state “usurped” the power of the Maharashtra government to grant remission to the convicts.
"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 said.
In 2002, Bilkis Bano was raped by men while fleeing during the communal riots that broke out in Gujarat after the Godhra train-burning incident. Bilkis Bano was five-month pregnant when she was raped. In the riots, along with her three-year-old daughter, seven other family members were killed.
All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022.
"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 B. V. Nagarathna and Ujjal Bhuyan had said.
"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.
