The Supreme Court rejected the Gujarat government’s request to review its earlier decision that annulled the remission granted to 11 men convicted of raping Bilkis Bano and murdering seven of her family members during the 2002 Gujarat riots.

Gujarat Government’s Arguments

The Gujarat government sought a review of the January 8 ruling, arguing that the Supreme Court had made an “error apparent on the face of the record.” The government claimed the court’s remarks indicated the state was guilty of “usurpation of power” and “abuse of discretion” for complying with an earlier order from a different bench of the Supreme Court.

Background of the Case

Bilkis Bano, then 21 and five months pregnant, was gang-raped while fleeing the violence of the 2002 riots that followed the Godhra train burning. During this brutal attack, her three-year-old daughter was among seven family members who were killed.

In 2008, 11 men were convicted and sentenced for life. However, they were released under the Gujarat government’s remission policy on August 15, 2022.

Supreme Court’s January Ruling

On January 8, 2024, the Supreme Court ruled that the Gujarat government lacked the authority to grant remission in this case, as only the Maharashtra government, where the trial occurred, could do so. The court struck Gujarat Govt’s decision and ordered the convicts to surrender.

The Supreme Court emphasized that the convicts were “erroneously” released in “violation of the law,” stating that the court must uphold the rule of law to prevent a “dangerous state of affairs” in democracy.