Bilkis Bano Case: What Legal Options Do Convicts Have After SC Verdict?

NEW DELHI: In a big blow to the Gujarat government, the Supreme Court on Monday overturned its order granting remission to 11 convicts involved in the heinous gangrape and murder of Bilkis Bano's family during the 2002 Godhra riots. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, declared the remission ''null and void'', emphasizing that the Gujarat government lacked the authority to pass such orders.

Abuse Of Power By Gujarat Govt: SC

The apex court criticized the Gujarat government for usurping the powers of the Maharashtra government, stating that the remission order was a result of "usurpation and abuse of power." The bench highlighted that the government's actions were a violation of the rule of law and questioned why no review petition was filed by Gujarat, emphasizing that it was not the appropriate government to decide on the remission.

Fraud, Suppression Of Facts By Convicts: SC 

The Supreme Court asserted that the convicts had not approached the court with clean hands, pointing out that the proceedings were initiated due to the "suppression of facts." The bench labelled the entire process as a "fraud played on this court" and emphasized that the orders were obtained by playing fraud on the court and suppressing material facts.

Legal Options For Convicts Now

After the Supreme Court's verdict, the convicts in the Bilkis Bano case still have some legal options to explore. They can file a review petition in the Supreme Court within 30 days, challenging the decision. Additionally, after serving some time in prison, the convicts may seek mercy by filing a pardon application. However, this would necessitate appealing to the Maharashtra government, the appropriate authority for such requests.

Right To Seek A Review Under Article 137 Of Constitution

Article 137 of the Constitution grants individuals the right to seek a review of old judgments or orders. The convicts can utilize this provision by filing a review petition within 30 days of the court's decision. The bench that delivered the original order would be the one to entertain the review plea.

Grounds For Review: Presenting New Evidence

Review petitions can be filed on grounds such as the discovery of new evidence that was not presented during the initial hearing. The court will assess the admissibility of any new information and determine whether it warrants a review.

The Tragic Bilkis Bano Case

In March 2002, during the post-Godhra riots, Bilkis Bano endured a brutal gangrape and witnessed the murder of 14 family members, including her three-year-old daughter. The convicts, sentenced to life imprisonment, were released on August 15, 2022, under the remission policy prevailing in Gujarat at the time of their 2008 conviction. The Supreme Court's recent decision has reignited legal discussions surrounding this tragic case.