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SC Rejects Gujarat Govtโ€™s Petition To Scrap Remarks Made Against State Over Release Of Bilkis Bano Convicts

Bilkis Bano

โ€œThe exemption order lacks competence,โ€ the Supreme Court said, criticizing the Gujarat government for passing such an order โ€œwithout application of mindโ€.

In a major setback to the Gujarat government, the Supreme Court on Thursday has denied to remove remarks made in its order related to the release of the 11 convicts in the Bilkis Bano case.

In its defence, the Gujarat government said the courtโ€™s findings were grossly biased and claimed that the stateโ€™s affairs had been misrepresented. 

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While dismissing the petition, the top court said: โ€œWe 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.โ€ 

What SC Had Said? 

In its January 8 order, the Supreme Court reversed the remission granted to the 11 convicts and said the 11 men โ€“ who were released by the Gujarat government for โ€œgood behaviourโ€ โ€“ had to return to jail. The apex court said that the state government was not competent to release the men.

โ€œThe exemption order lacks competence,โ€ the Supreme Court said, criticizing the Gujarat government for passing such an order โ€œwithout application of mindโ€.

The court also noted convicts could only be released by the state that tried them in the first place; in this case, that state was Maharashtra. โ€œThe exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power,โ€ the court had said.

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