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Gujarat Government Seeks SC Review of Bilkis Bano Case Verdict, Criticizes Observations

The Gujarat government contends that the Supreme Court's observation in the January 8 judgment, accusing the state of "usurpation of power" and "abuse of discretion," was an "error apparent on the face of the record" for three primary reasons.

By: Team Pardaphash  Pardaphash Group
Updated:
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Gujarat Government Seeks SC Review of Bilkis Bano Case Verdict, Criticizes Observations

New Delhi : The Gujarat government has approached the Supreme Court, seeking a review of its recent verdict that overturned the remission granted to 11 men convicted in the Bilkis Bano case, where she was raped and her family members murdered during the 2002 riots. The state contends that certain observations made against it were unwarranted and an “error apparent on the face of the record.”

Grounds for Review


In its petition, the Gujarat government argued that the Supreme Court’s January 8 judgment held the state culpable of “usurpation of power” and “abuse of discretion.” The state claims that this observation is erroneous on three primary grounds. It asserts that another coordinate bench of the apex court had previously designated the state of Gujarat as the “appropriate government” in May 2022 and directed it to decide on the remission application for one of the convicts according to the 1992 remission policy.

Contentions Against Observations


The review plea challenges the extreme observation made by the court, stating that the state “acted in tandem and was complicit with respondent no. 3/accused.” The Gujarat government deems such observations unwarranted, against the case’s record, and causing serious prejudice to the state.

Calls for Supreme Court’s Intervention


Citing errors on the face of the record, the Gujarat government argues that the Supreme Court’s interference is necessary. It requests the court to review its earlier judgment and order dated January 8, 2024, to address the mentioned concerns.

Background of the Case


In the January 8 verdict, the Supreme Court had annulled the remission granted to the 11 men convicted in the Bilkis Bano case, instructing their return to jail within two weeks. Bilkis Bano, 21 years old and pregnant at the time, was a victim of rape and witnessed the murder of seven family members during the 2002 Gujarat riots. The convicts, who were granted remission by the Gujarat government and released on August 15, 2022, faced judicial scrutiny for the application and issuance of remission orders.

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