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The Supreme Court of India delivered a significant ruling on Thursday, rejecting the Gujarat government's petition seeking a review of its January 8 judgment in the Bilkis Bano case. The court's earlier decision had overturned the remission granted to 11 convicts in the case, which involved the brutal gang rape of Bilkis Bano and the murder of seven members of her family during the 2002 Gujarat riots. The state government's review plea argued that certain comments made in the judgment were “highly unwarranted and against the record of the case, and had caused serious prejudice to the State.” However, the Supreme Court bench, consisting of Justices B V Nagarathna and Ujjal Bhuyan, dismissed the petition, stating that there was no merit in the review petitions warranting reconsideration of the order impugned.
The review petition particularly objected to the court's remarks that the state government “acted in tandem and was complicit with respondent number 3/accused” Radheshyam Bhagwandas Shah, who was among the 11 men convicted of raping Bilkis Bano and murdering her family members. The state government contested the Supreme Court's assertion that it was guilty of “usurpation of power” and “abuse of discretion.” The Gujarat government claimed it was only complying with a previous Supreme Court order issued in May 2022, which designated the state as the “appropriate government” to decide on the convicts' remission request and directed the state to make a decision based on its 1992 Remission Policy.
However, the Supreme Court, in its January 8 judgment, declared the May 2022 order to be a “nullity” due to the suppression and misrepresentation of material facts by the applicants. The court deemed the order to be “fraudulently obtained” and therefore null and void. The case of Bilkis Bano has become a symbol of the struggle for justice and accountability in India, particularly in the context of the horrific events of the 2002 Gujarat riots. This recent decision by the Supreme Court emphasizes the importance of upholding the principles of justice and the rule of law, even when faced with powerful political forces and potential pressure.