The Supreme Court, on Thursday, dismissed the Gujarat government’s review petition seeking to expunge adverse remarks made against it on the January 8, 2024 judgment on its conduct in the premature release of 11 convicts in Bilkis Bano gangrape and murder of nine members of her family including her three-year-old daughter during 2002 Gujarat.

Dismissing the review petition, a bench of Justices B V Nagarathna and Justice Ujjal Bhuyan, in an order, said, “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.”

The review petition was considered by the judges by circulation in their chambers.

The Gujarat government, in its review petition, had said the adverse remarks made against it in the January 8, 2024 judgment quashing the premature release of 11 convicts has caused great prejudice to the state government.

It had further contended that the state government only acted in pursuance to the mandamus issued by the Supreme Court by its May 2022 judgment directing it to consider the remission application of one of the convicts.

Holding that the May 13, 2022 judgment by the top court “to be a nullity and non-est in the eye of the law”, the Supreme Court by its January 8, 2024 judgment had indicted the Gujarat government stating “Consequently, the exercise of discretion by the State of Gujarat is nothing but an instance of usurpation of jurisdiction and an instance of abuse of discretion. If really State of Gujarat had in mind the provisions of law and the judgments of this Court and had adhered to the rule of law, it would have filed a review petition before this Court by contending that it was not the appropriate Government” for the grant of remission of sentence to convicts involved in the heinous and brutal crime.

The judgment had further said, “By failing to do so (the Gujarat government filing a petition seeking the review of the May 13, 2022 judgment and order of the top court) not only are the earlier orders of this Court (May 13, 2022) in the matter have been vindicated but more importantly, rule of law has been breached in usurping power not vested in it and thereby aiding respondent Nos. 3 to 13.”

The January 8 judgment had said that the May 13, 2022 judgment of the top court that formed the basis for the grant of remission to 11 convicts by the Gujarat government was obtained by one of the convicts Radhedshyam Bhegwandas Shah @ Lala Vakil by “scrumptiously” approaching the top court in a writ jurisdiction and “committed fraud on this Court by misrepresenting” August 5, 2013, Bombay High Court judgment/order.

“,…we also hold that the judgment dated 13.05.2022 passed by this Court is a nullity and is non-est in law since the said order was sought by suppression of material facts as well as by misrepresentation of facts (suppressio veri, suggestio falsi) and therefore, fraudulently obtained at the hands of this Court”, the judgment said.

A bench of Justice Ajay Rastogi (since retired) and Justice Vikram Nath by the May 13, 2022 judgment had directed the Gujarat government to consider the application of Radhedshyam Bhegwandas Shah for pre-mature release in terms of July 9, 1992 remission policy which was applicable on the date of conviction and may be decided within two months.

The Gujarat government in its review petition seeking to delete adverse observations against it had said that it cannot be held to have “usurped” the jurisdiction of the State of Maharashtra when it was acting as per a direction of the Supreme Court.

By its January 8, 2024 judgment, the Supreme Court had struck down the Gujarat government’s order granting remission of sentence to 11 convicts who had gang-raped Bilkis Bano and murdered members of her family including her three-year-old daughter.

The Gujarat government in its review petition had said, “The Supreme Court’s observation holding Gujarat guilty of “usurpation of power” and “abuse of discretion” for complying with the order of apex court, whereby another co-ordinate bench of this Court held the State of Gujarat to be the “appropriate government” under section 432(7) of CrPC, and issued a mandamus to the State of Gujarat to decide the remission Application of a convict in accordance with the Remission Policy of 1992 which was in existence at the time of conviction in the State of Gujarat, is an error apparent on the face of the record primarily.”

The state government released the 11 convicts, who were sentenced to life imprisonment, on August 15, 2022. All 11 convicts were released in pursuance of the remission policy prevailing in Gujarat at the time of their conviction in 2008.

In March 2002 during the post-Godhra riots, Bilkis Bano was gangraped and nine members of her family including her three-year-old daughter were killed. She was five months pregnant when rioters attacked her and her family in Vadodara.