Supreme Court Rejects Gujarat’s Plea to Remove Remarks in Bilkis Bano Case Convict Release

New Delhi: In a blow to the Gujarat government, the Supreme Court on Thursday declined to expunge remarks made in its earlier order concerning the release of convicts in the Bilkis Bano case. The state had sought the removal of certain observations after the top court overturned the premature release of 11 men convicted of gang-raping Bilkis Bano and murdering her family during the 2002 Gujarat riots.

The Gujarat government specifically objected to the court’s comment that it had “acted in collusion with the convicts.” The state argued that these remarks were biased and unsupported by the case records. However, a bench of Justices BV Nagarathna and Ujjal Bhuyan found no merit in the review petition.

“We are satisfied that there is no error apparent on the face of the record or any merit in the review petitions,” the bench stated.

In July, the Supreme Court dismissed interim bail pleas filed by two convicts, Radheyshyam Bhagwandas and Rajubhai Babulal, who claimed conflicting rulings on Gujarat’s remission policy by two different court benches. However, the court rejected this argument as well.

Earlier, in January, the court ordered that the 11 men, released by Gujarat for “good behaviour,” must return to prison. It criticised the Gujarat government’s decision to free them, stating the state lacked the authority to do so. The court pointed out that only Maharashtra, where the trial was conducted, had the power to release the convicts.

The court also slammed its own May 2022 ruling that allowed the convicts to appeal for early remission, stating that they obtained the order through “fraudulent means.” The convicts were released under Gujarat’s outdated 1992 remission policy, which has been superseded by a 2014 law prohibiting remission in cases involving capital offences.

The convicts’ release sparked public outrage, especially after they were seen celebrating, garlanded and sharing stages with BJP leaders. Bilkis Bano, who was 21 and pregnant during the riots, had her family murdered, including her three-year-old daughter, while she was gang-raped.