The Supreme Court has dismissed a review petition filed by the State of Gujarat challenging the remarks made by the Apex Court against it, while setting aside the premature release of 11 convicts in the Bilkis Bano case.
The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan further dismissed the review petitions filed by the convicts.
The Apex Court recorded in its order that after going through the review petitions, the order under challenge and the papers annexed therewith, it was satisfied that there was no error apparent on the face of the record or any merit in the review petitions, warranting reconsideration of the impugned verdict.
The Apex Court had come down heavily on the Gujarat government, while setting aside the remission of 11 convicts in the Bilkis Bano case in January this year.
The top court of the country observed that the State of Gujarat had acted in tandem with the convict who moved the Bench seeking a direction for the consideration of his premature release application.
In May 2022, while hearing the writ petition of one of the convicts, the Apex Court had ruled that the State of Gujarat was the appropriate government to consider the remission plea. This led to a series of events that eventually resulted in the release of all 11 convicts.
All the 11 convicts were sentenced to life imprisonment for multiple murders and gangrapes during the 2002 communal riots in Gujarat.
They were released by the Gujarat government in August 2022, on Independence Day. Subsequently, the Supreme Court ruled in favour of Bilkis Bano and allowed her writ petition assailing the remission. The Bench held that the State of Gujarat was not the ‘appropriate government’ to decide their remission pleas within the meaning of Section 432 of the CrPC, as the trial had been transferred to Maharashtra.
In its review petition, the government of Gujarat claimed that it acted in accordance with the Supreme Court’s direction from May 2022. The State contended that it could not be accused of “usurping” jurisdiction from the State of Maharashtra, as it was acting as per the Court’s order.
The Gujarat government further argued that it had consistently maintained before the Apex Court that Maharashtra was the appropriate government to handle the remission pleas under the CrPC.
It claimed that the severe remarks passed by the top court of the country, suggesting the state acted “in tandem” with one of the convicts, were unwarranted and prejudicial.
Bilkis Bano case: Supreme Court dismisses plea challenging adverse remarks against Gujarat government
The Supreme Court has dismissed a review petition filed by the State of Gujarat challenging the remarks made by the Apex Court against it, while setting aside the premature release of 11 convicts in the Bilkis Bano case.
The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan further dismissed the review petitions filed by the convicts.
The Apex Court recorded in its order that after going through the review petitions, the order under challenge and the papers annexed therewith, it was satisfied that there was no error apparent on the face of the record or any merit in the review petitions, warranting reconsideration of the impugned verdict.
The Apex Court had come down heavily on the Gujarat government, while setting aside the remission of 11 convicts in the Bilkis Bano case in January this year.
The top court of the country observed that the State of Gujarat had acted in tandem with the convict who moved the Bench seeking a direction for the consideration of his premature release application.
In May 2022, while hearing the writ petition of one of the convicts, the Apex Court had ruled that the State of Gujarat was the appropriate government to consider the remission plea. This led to a series of events that eventually resulted in the release of all 11 convicts.
All the 11 convicts were sentenced to life imprisonment for multiple murders and gangrapes during the 2002 communal riots in Gujarat.
They were released by the Gujarat government in August 2022, on Independence Day. Subsequently, the Supreme Court ruled in favour of Bilkis Bano and allowed her writ petition assailing the remission. The Bench held that the State of Gujarat was not the ‘appropriate government’ to decide their remission pleas within the meaning of Section 432 of the CrPC, as the trial had been transferred to Maharashtra.
In its review petition, the government of Gujarat claimed that it acted in accordance with the Supreme Court’s direction from May 2022. The State contended that it could not be accused of “usurping” jurisdiction from the State of Maharashtra, as it was acting as per the Court’s order.
The Gujarat government further argued that it had consistently maintained before the Apex Court that Maharashtra was the appropriate government to handle the remission pleas under the CrPC.
It claimed that the severe remarks passed by the top court of the country, suggesting the state acted “in tandem” with one of the convicts, were unwarranted and prejudicial.
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