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Bilkis Bano case: SC dismisses plea by convicts to extend time to surrender

By LAWSTREET NEWS NETWORK      19 January, 2024 03:08 PM      0 Comments
Bilkis Bano case SC dismisses plea by convicts to extend time to surrender

NEW DELHI: The Supreme Court on Friday dismissed a plea filed by the convicts in the Bilkis Bano case for more time to surrender than the two weeks granted by the top court earlier while cancelling their remission on January 8, 2024.

After this, all the convicts would have no option but to surrender before the jail authorities on January 21 to serve their sentence of life term.

A bench of Justices B V Nagarathna and Ujjal Bhuyan termed the plea filed the convicts as devoid of merits.

"The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit inasmuch as those reasons in no way prevent them from complying with our directions,” the bench said.

In their separate applications, the convicts have sought time between four to six weeks to surrender, citing reasons of harvest season and taking care of old parents, among others.

The court had on January 18 fixed the matter for hearing on Friday.

On January 8, 2024, the Supreme Court had quashed the Gujarat government's decision of August 10, 2022 to grant remission to 11 convicts sentenced to life term for the gang rape of Bilkis Bano and killing her family members during the 2002 Gujarat riots, for "usurping" the power of Maharashtra government and lacking competence and jurisdiction.

The top court had then directed the convicts to surrender within two weeks.



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The Supreme Court of India overturned the Gujarat government's decision to grant remission to 11 convicts in the Bilkis Bano case. The Court ruled that the Gujarat government lacked competence and jurisdiction, ordering the convicts to surrender within two weeks. The decision emphasized the rule of law and invalidated previous judgments on the case due to fraud and non-disclosure of facts.

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While setting aside the remission order granted to the 11 convicts in the Bilkis Bano gangrape, the Supreme Court stated that the State of Gujarat acted in tandem and was complicit with a convict who had earlier approached the Supreme Court seeking premature release. In fact, the State of Maharashtra is the appropriate government as per law to consider the pre-mature release on convicts, the Bench stated.

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The Supreme Court of India ordered 11 convicts in the Bilkis Bano case to surrender within two weeks, emphasizing the importance of rule of law over compassion and sympathy. The court rejected their plea to remain out of jail, underscoring that justice and the enforcement of legal order cannot be compromised.

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