“The exemption order lacks competence,” the Supreme Court said, criticizing the Gujarat government for passing such an order “without application of mind”.
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 court’s findings were grossly biased and claimed that the state’s affairs had been misrepresented.
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While dismissing the petition, the top court 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.”
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 – who were released by the Gujarat government for “good behaviour” – had to return to jail. The apex court said that the state government was not competent to release the men.
“The exemption order lacks competence,” the Supreme Court said, criticizing the Gujarat government for passing such an order “without application of mind”.
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. “The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power,” the court had said.
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