“There is no error…”: Supreme Court Upholds Remarks made in Bilkis Bano Case, Dismisses Gujarat Government's Request

The Supreme Court on Thursday dealt a significant blow to the Gujarat government by refusing to remove comments made in its order regarding the release of convicts in the Bilkis Bano case. The state had sought to retract certain remarks made by the apex court when it overturned the premature release of 11 men convicted of raping Bilkis Bano and murdering her family during the 2002 Gujarat riots.

The Gujarat government's petition highlighted a comment from the court that suggested the state had "acted in collusion and colluded with the convicts." The government argued that this remark was inappropriate, biased, and not supported by the case's record.

However, the Supreme Court disagreed, stating, “Having carefully gone through the Review Petitions... we are satisfied that there is no error apparent on the face of the record or any merit in the Review Petitions.”

In January, the Supreme Court ruled that the 11 men, who had been released by the Gujarat government for “good behaviour,” must return to jail. The court stated that the Gujarat government lacked the authority to release the convicts, labeling the exemption order as lacking competence and criticizing the government for acting "without application of mind."

The court further emphasized that convicts could only be released by the state where they were tried—in this case, Maharashtra—describing the Gujarat government's actions as “an instance of usurpation of power and abuse of power.”

In addition, the court expressed disapproval of its own May 2022 judgment, which allowed the convicts to appeal for early remission. The judges noted that the convicts had obtained this order “through fraudulent means” and pointed out that the Gujarat government should have sought a review of that earlier decision.

The release of the convicts was based on a 1992 remission policy that has since been replaced by a 2014 law preventing the release of those convicted of capital offenses. Following their release, the convicts received a hero's welcome, complete with garlands and sweets, and were seen sharing a stage with a BJP MP and an MLA.

During the 2002 Gujarat riots, Bilkis Bano, a pregnant Muslim woman and her family were attacked by a mob in the village of Randhikpur, Dahod district. Bilkis Bano's family members, including her three-year-old daughter, were killed. She was gang-raped and left to die. Despite the severe ordeal, Bilkis Bano survived and later became a key witness in the court case against the perpetrators. In 2004, a special Central Bureau of Investigation (CBI) court convicted 11 people for their involvement in the violence, including the rape and murder. In 2004, the Gujarat High Court upheld the convictions and in 2019, the Supreme Court directed the Gujarat government to provide compensation and a job to Bilkis Bano.​