Court slammed govt for usurpation of power while granting remission to convicts
Social activists take part in a protest rally in support of Bilkis Bano on August 24, 2022. File pic/PTI
The Gujarat government was “complicit and acted in tandem with one of the convicts” who had approached the top court with his plea for premature release in the Bilkis Bano case, the Supreme Court on Monday said and slammed the state government for “usurpation of power” while granting remission to the convicts.
A bench said it fails to understand why the State of Gujarat did not file a review petition against the judgment, which directed the Gujarat government to consider the plea of a convict for premature release as per the State policy of July 9, 1992.
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The Gujarat government in 1992 came out with a fresh remission policy under which pleas of those convicts who were sentenced to life imprisonment and had served a minimum of 14 years of sentence could be considered after a favourable opinion from the Jail Advisory Board.
“Taking advantage of the May 13, 2022 order of this court, other convicts also filed remission applications and the Gujarat government passed remission orders. Gujarat was complicit and acted in tandem with respondent No. 3 (convict Radheshyam Shah) in this case. This court was misled by suppressing facts. Use of power by Gujarat was only an usurpation of power by the State,” the bench said.
The top court also nullified its May 13, 2022, order of another bench asking the Gujarat government to consider a remission plea of one of the convicts as the order was obtained by “playing fraud on the court.”
Rahul: Verdict showed who gives patronage to criminals
Congress leader Rahul Gandhi Monday slammed the BJP over the Supreme Court’s decision to grant remission to 11 convicts in the Bilkis Bano case, saying the verdict has shown once again who the “protector of criminals” is. In a post on ‘X’, he said, “The tendency to ‘murder justice’ for electoral gains is dangerous for a democratic system. Today, the Supreme Court’s decision once again showed the country who gives ‘patronage to criminals’.” “Bilkis Bano’s tireless struggle symbolises the victory of justice against the arrogant BJP government,” he added.
Witness welcomes verdict, relatives celebrate
A witness in the case on Monday hailed the verdict, saying Bano received “justice today” while some of her relatives burst firecrackers in Devgadh Baria town in Dahod district. “These 11 convicts were handed punishment by a Maharashtra court. Gujarat government’s decision to release them was wrong. That is why we challenged it,” said Abdul Razaq Mansuri, one of the witnesses in the case.
Congress hits out at Gujarat BJP govt
Congress claimed the Gujarat govt’s approach was to save the criminals rather than ensuring justice for the victim. The Gujarat Congress spokesperson Manish Doshi said the Gujarat BJP government does not appear to follow the law and the Constitution.
Government should apologise: Owaisi
AIMIM president Asaduddin Owaisi demanded that the BJP govts at Centre and in Gujarat apologise to Bilkis Bano in the wake of the SC ruling. Reacting to the ruling, Owaisi said, “I welcome this judgement and I hope it acts as a precedent against all the rapists in the future.”
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