Supreme Court dismisses review petitions challenging remission cancellation of convicts

New Delhi, Sep 26: The Supreme Court on Thursday dismissed review petitions filed by both the convicts and the State of Gujarat, challenging the Court’s earlier decision to cancel the remission granted to 11 convicts in the Bilkis Bano gang rape case. The decision affirms the January 8 ruling that overturned the premature release of the convicts, who had been involved in the gang rape of Bano and the murder of her family members during the 2002 Gujarat riots.

A bench comprising Justices BV Nagarathna and Ujjal Bhuyan rejected the review petitions, stating that there was no “error apparent on the face of the record” or sufficient merit to reconsider the January 8 judgment. The State of Gujarat had specifically sought to challenge adverse remarks made against it in the judgment, which stated that the Gujarat government had acted improperly in granting remission.

The case revolves around the Gujarat government’s 2022 decision to release 11 convicts under its remission policy, following a Supreme Court ruling that such decisions should be based on the policy of the state where the crime was committed.

Despite the trial being conducted in Maharashtra, the Gujarat government applied its own remission policy, leading to the premature release of the convicts. This decision was met with widespread opposition and legal challenges, including one from Bilkis Bano.

On January 8, the Supreme Court ruled that the Gujarat government was not authorised to grant remission, as the appropriate authority for such decisions was the government of Maharashtra, where the trial took place. The ruling also criticized the Gujarat government’s actions, suggesting it had “acted in tandem” with the accused. The State subsequently filed a review petition seeking to expunge these remarks, while the convicts also sought reconsideration of the remission cancellation. With the Supreme Court’s dismissal of all review petitions.(Source: Bar & Bench)