No Merit: Apex Court While Dismissing Gujarat Government's Review Petition Against Judgment That Set Aside Premature Release Of 11 Convicts In Bilkis Bano Case

The Supreme Court has dismissed the review petition filed by the State of Gujarat against the judgment passed by the Apex Court setting aside the premature release of 11 convicts in the Bilkis Bano case, as one without any merit or error apparent on the face of the record.

The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan has ordered, "Having carefully gone through the Review Petitions, the order under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record or any merit in the Review Petitions, warranting reconsideration of the order impugned. The Review Petitions are, accordingly, dismissed."

Earlier, on January 8, 2024, while quashing the remission granted to the 11 convicts in Bilkis Bano’s plea the Court had observed that its order dated May 17, 2022, was a nullity and non-est in law (bad in law) as a result of being per incuriam (lacking due regard to the fact or law).

Pertinently, in January 2024, the Court had dismissed applications preferred by the 11 convicts in Bilkis Bano's rape case seeking more time to surrender before jail authorities, as the bench did not find any reason in the applications to allow it. The bench had quashed the remission granted to the 11 convicts in Bilkis Bano’s plea challenging their pre-mature release in the rape-murder case by the Gujarat Government.

Recently, the Court had also dismissed a Writ Petition filed by two convicts, Radheyshaym Bhagwandas Shah and Rajubhai Babulal Soni, in the Bilkis Bano case seeking a review of the Court's earlier decision to cancel their remission. The Bench had termed the petition "absolutely misconceived" and declined to entertain it, asserting that they cannot review an order issued by another bench of the Apex Court.

On December 13, 2022, Justice Bela M Trivedi recused from hearing the writ plea filed by Bilkis Bano. The Court said that the writ petition may be listed before a Bench of which Justice Bela M Trivedi is not a member. In her plea against the grant of remission which had led to the release of the convicts on August 15, Bilkis Bano has said the state government passed a mechanical order completely ignoring the requirement of law as laid down by the Supreme Court.

Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.

The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court. A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment. Their conviction was later upheld by the Bombay High Court and the Supreme Court. The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.

Cause Title: The State Of Gujarat v. Bilkis Yakub Rasool & Ors. 

Click here to read/download the Order