NEW DELHI: The Supreme Court on Thursday dismissed the Gujarat government‘s plea seeking a review of its January 8 verdict in Bilkis Bano convicts’ case over certain observations made against the state.
“We are satisfied that there is no error apparent on the face of the record or any merit in the review petitions, warranting reconsideration of the order impugned.The review petitions are, accordingly, dismissed,” the apex court said.
The Gujarat government in February had filed a petition requesting a review of Supreme Court’s January 8 judgment that overturned the remission granted to the 11 convicts in the Bilkis Bano case. The government contended that certain remarks made in the judgment were not only “highly inappropriate and contradictory to the case record” but had also “caused significant harm to the state”.
The Gujarat government had objected to the Supreme Court’s observation in its January 8 judgment, which stated that “the state of Gujarat acted in tandem and was complicit with Respondent No3/accused”. The government argued that this remark was unwarranted, contrary to the case record, and had seriously prejudiced the petitioner-state of Gujarat.
In its review petition, the Gujarat government cited nine grounds to assert that the apex court erred in making the remark by not appreciating the correct facts of the case. The government clarified that it had sought opinions from all relevant authorities, including the Mumbai court that conducted the trial and the SP, through the superintendent of Godhra sub jail where the convicts were lodged. The proposal was sent to the Maharashtra government in November 2011, but no response was received.
The Supreme Court, in its January judgment, noted that had the Gujarat government brought it to the court’s notice that it was not the “appropriate government” to decide on the remission of the 11 life convicts in the 2002 Bilkis Bano case, the ensuing litigation could have been avoided. The court stated that the Gujarat government usurped the power of the Maharashtra government in deciding on the release of the convicts, as the trial was conducted in a CBI court in Maharashtra.
Ultimately, the Supreme Court overturned the Gujarat government’s decision to grant early release to the 11 convicts in the 2002 gang-rape of Bilkis Bano and the murder of seven of her family members during the communal riots in the state.