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Guwahati: The Supreme Court on Thursday, September 26, dealt a blow to the Gujarat government which refused to withdraw its comments on an order related to the release of convicts in the Bilquis Bano case. The court spoke against the Gujarat government when it rejected the premature release of 11 men convicted of raping Bilquis Banu and killing her family during the 2002 Gujarat riots.
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The Gujarat government’s petition specifically mentioned the court observation it received "Acted in conspiracy and cooperated with the convicts". The state government claimed that the comment was inappropriate and contrary to the documentation of the case, and was also biased against the petitioner, according to reports.
However, a bench of Justice BV Nagarathna and Justice Ujjal Bhuyan disagreed. "After carefully going through the review petitions, the order on appeal and the documents attached to it, we are convinced that there is no error visible on the surface of the record or any justification in the review petitions, which would justify a re-examination of the order under appeal…"
In January, the Supreme Court said the 11 men – released by the Gujarat government for them "good behavior" – had to go back to prison. The state government was not empowered to release the men, the Supreme Court said in a landmark order in a decision that sparked public outrage.
"The exemption order lacks authority," said the Supreme Court, slamming the Gujarat government for passing such an order "without applying consciousness". The court also noted that convicts can 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 power usurpation and abuse of power," said the court.
In passing this order, the court also heavily objected to its May 2022 judgment, delivered by Justice Ajay Rastoji (retd), which allowed the convicts to appeal to the Gujarat government for their early release. The convicts received the order "by fraudulent means"said the judges. They also pointed out that the Gujarat government should have sought a review of the 2022 order.
The convicts were released by Gujarat based on an antiquated amnesty policy from 1992, which has since been replaced by a 2014 law banning the release of capital convicts. The convicts were given a hero’s welcome, complete with garlands and sweets, and were seen sharing a stage with a BJP MP and MLA. Convict Radhashyam Shah even started practicing law, the Supreme Court was told during an 11-day hearing last year on petitions including One of Bilkis Bano.
Bilkis Bano was 21 and five months pregnant when Ansha was in the group while fleeing during the communal riots that erupted after the Sabarmati Express fire in which 59 Kar Sevaks were killed. Her three-year-old daughter was among the seven family members killed in the riots.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
source link https://guwahatiplus.com/india/sc-rejects-gujarat-govts-plea-to-take-back-comments-in-bilkis-convicts-case
