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The Gujarat government has moved the Supreme Court to review its recent verdict that nullified the remission granted to 11 men convicted of raping Bilkis Bano and murdering seven of her family members during the 2002 riots. The state government contends that certain observations made against it were unwarranted and seeks a reconsideration of the judgment.
In its petition, the Gujarat government challenges the apex court’s characterization of the state’s actions as “usurpation of power” and “abuse of discretion” for complying with an order from another bench of the court. The government argues that this observation constitutes an “error apparent on the face of the record” and outlines three primary grounds for seeking a review.
Firstly, the government highlights a previous decision by a coordinate bench of the Supreme Court in May 2022, which recognized the state of Gujarat as the “appropriate government” and directed it to handle a remission application in accordance with the relevant policies. The government asserts that no adverse inference can be drawn against Gujarat for not challenging this decision earlier.
Secondly, the government contends that the observation implying complicity between the state of Gujarat and the accused is unfounded and prejudicial. It argues that such a characterization is not supported by the facts of the case and has unfairly harmed the state’s reputation.
In light of these perceived errors, the Gujarat government urges the Supreme Court to review its judgment from January 8, 2024, and correct the alleged inaccuracies. The government emphasizes the necessity of the court’s intervention to rectify these issues and restore fairness in the legal proceedings.
The case dates back to the horrific events of 2002 when Bilkis Bano, then 21 years old and pregnant, was subjected to rape and violence during the communal riots in Gujarat. Her family members, including her three-year-old daughter, were also victims of the violence. The recent Supreme Court verdict overturned the remission granted to the convicted individuals, ordering their return to jail within two weeks.
As the legal battle continues, the case of Bilkis Bano remains a poignant reminder of the need for justice and accountability in cases of communal violence and human rights abuses.
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