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HomeNewsSC dismisses Bano's plea to review ruling asking Gujarat to examine remission

SC dismisses Bano’s plea to review ruling asking Gujarat to examine remission

India’s apex court has dismissed a plea by Bilkis Bano seeking review of the court’s May judgment that had permitted Gujarat to consider tariff remissions of 11 convicts serving life sentences for gangraping her during the 2002 riots.

A division bench comprising Justices Ajay Rastogi and Vikram Nath dismissed her review petition by circulation in the chambers.

Vide an order passed on May 13, the Supreme Court had permitted the Gujarat government to apply the remission rules (of 1992) to release the 11 convicts.

A bench headed by Justice Ajay Rastogi had concluded in May that Gujarat was the appropriate government to decide the remission plea of the convicts.
“Indisputably, in the instant case, the crime is committed in the state of Gujarat, which is the appropriate government competent to examine the application filed for premature release,” the bench had observed in May. Bano had filed a review petition against this order, and the plea has been turned down by the top court.

It might be mentioned here that Bano’s another petition challenging the remission of the jail term granted to 11 men who had been convicted for gangraping and murdering her family members is pending adjudication in the SC.

Earlier this month, Justice Bela M Trivedi had recused herself from hearing Bano’s petition. Several public interest litigations (PILs) are also pending in the Supreme Court challenging the release of the convicts.

The Gujarat government has defended the release. In its response to the PILs, the state government has said that it decided to release all the 11 convicts as per the 1992 remission policy, since they had completed more than 14 years in prison and their behaviour was found to be good.

It said that the Union Ministry of Home Affairs had approved the release of the convicts. The response also noted that the CBI and the trial court, which had heard the case, had opposed the proposal to release the convicts.

The state has also questioned the locus standi of the petitioners, arguing that they cannot file petitions in a matter involving the state, convicts and a survivor. The 11 convicts, who were undergoing life imprisonment, were released on Independence Day.

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