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SC quashes remission granted to 11 convicts, asks them to surrender within 2 weeks

Supreme Court docket of India. FILE/PTI

The Supreme Court docket of India Monday strike down the choice of Gujarat authorities to grant remission to 11 convicts within the case of gangrape of Bilkis Bano and homicide of seven of her members of the family in the course of the 2002 riots within the state.

The apex court docket stated the Gujarat authorities had no competence to grant remission and has directed all 11 convicts within the case to give up earlier than jail authorities inside two weeks.

“The exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power. This is a classic case where the order of this court was used to violate the rule of law by granting remission,” Justice BV Nagarathna stated.

The court docket additional stated, as a substitute, the state of Maharashtra is the court docket that has the facility to move orders of remission.

The SC held that the state of trial and sentencing is the “appropriate” authorities with powers to move orders of remission. On the apex court docket order, the trial and sentencing the Bilkis Bano case had been transferred from Gujarat to Maharashtra.

The Gujarat authorities had launched the 11 convicts on the idea of the 1992 remission coverage and never the coverage adopted in 2014 which is efficient right this moment.

Bilkis Bano was 21-years-old and 5 months pregnant when she was raped whereas fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the many seven members of the family killed within the riots.

All 11 convicts had been granted remission by the Gujarat authorities and launched on 15 August, 2022.

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