SC quashes remission granted to 11 convicts in Bilkis Bano case On Monday, the Supreme Court struck down the remission granted to 11 convicts in the Bilkis Bano case on the ground that the Gujarat government had no competence to grant remission. The top court held as 'nullity' its May 13, 2022 order of another bench asking Gujarat govt to consider remission plea of convicts 1. “The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power".
Bilkis Bano case LIVE updates 2. “Usurpation of power arises when power vested in one authority is exercised by another. Applying the principle in this case, having regard to our answer of “appropriate power", Gujarat government exercising the power was an instance of usurpation of power".
Bilkis Bano case: Petition challenging remission of 11 convicts is maintainable 3. “By suppressing material facts and making misleading facts, a direction was sought by the convict to the State of Gujarat to consider remission" 4. “This is a classic case where the order of this court was used to violate the rule of law by granting remission".
5. “The State of Gujarat acted in complicit with the convicts...it was this very apprehension that led this court to transfer the trial out of the state". 6.
“We hold : (1) Govt of State of Gujarat had no competence to entertain the applications for remission or pass orders thereon". 7. The court's order dated 13 May obtained by fraud a nullity.
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