GG News Bureau
New Delhi, 26th Sept. In a major setback for the Gujarat government, the Supreme Court on Thursday refused to remove its comments regarding the release of convicts in the Bilkis Bano case. The state’s petition sought the removal of remarks made when the court overruled the premature release of 11 men convicted of raping Bilkis Bano and murdering her family during the 2002 Gujarat riots.
The Gujarat government argued that the court’s statement implying it had “acted in collusion and colluded with the convicts” was inappropriate and biased. However, a bench comprising Justices BV Nagarathna and Ujjal Bhuyan dismissed the request, stating, “Having carefully gone through the Review Petitions…we are satisfied that there is no error apparent on the face of the record.”
Earlier, the Supreme Court had dismissed interim bail pleas filed by two convicts, Radheyshyam Bhagwandas and Rajubhai Babulal, who claimed conflicting views had emerged from different benches regarding the state’s early release policy. The court also noted that the Gujarat government lacked the competence to release the convicts.
In a landmark ruling in January, the Supreme Court mandated that the 11 men, released by the Gujarat government for “good behaviour,” return to jail. The court criticized the state for acting without proper consideration and stated that the authority to release convicts lies with the state that initially tried them, which in this case was Maharashtra.
The Supreme Court also condemned its May 2022 judgment, stating that the convicts had obtained the order permitting their early release “through fraudulent means.” The Gujarat government based its release on an outdated 1992 remission policy, later superseded by a 2014 law that prohibits the release of convicts in capital offense cases.
After their release, the convicts received a warm welcome, including garlands and sweets, and were seen sharing a stage with a BJP MP and an MLA. Bilkis Bano, who was gang-raped while fleeing the riots and lost several family members, had previously challenged the release of the convicts in court.
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