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The Gujarat government has filed a petition in the Supreme Court seeking removal of certain observations termed as unfair against the state in its decision rejecting the premature release of 11 convicts in the Bilkis Bano rape case during the 2002 riots.
The court had made adverse comments against the Gujarat government while rejecting the premature release of 11 convicts in the rape of Bilkis Bano and murder of seven members of her family.
Supreme Court’s decision
The Gujarat government has said in the petition that the apex court’s January 8 verdict was clearly flawed, holding the state guilty of usurpation of power and abuse of discretion. The petition said that another coordinate bench of the apex court had in May 2022 called the state of Gujarat the appropriate government and directed the state to decide on the pardon application of one of the convicts as per the 1992 immunity policy.
This comment is inappropriate
The review petition states that no adverse inference of usurpation of rights can be drawn against the State of Gujarat for not filing a review petition against the decision dated May 13, 2022 (of the Coordination Bench). According to the petition, the court strongly remarked that the State of Gujarat acted in collusion and collusion with respondent number three/accused. The petition said that this comment is not only inappropriate and against the record of the case, but has also caused serious prejudice to the petitioner-the state of Gujarat.
