New Delhi, July 19 – Supreme Court Rejects Plea of Bilkis Bano Case Convicts, Calls It “Misconceived”
The Supreme Court on Friday dismissed a plea filed by two convicts in the Bilkis Bano case challenging the cancellation of their remission, terming it “absolutely misconceived.” A bench comprising Justices Sanjiv Khanna and Sanjay Kumar refused to entertain the petition, stating that it cannot sit in appeal over a verdict issued by another bench of the apex court.
Advocate Rishi Malhotra, representing convicts Radheyshaym Bhagwandas Shah and Rajubhai Babulal Soni, sought to withdraw the plea during the hearing, which the bench permitted.
In March, the convicts had approached the Supreme Court arguing that the January 8 verdict canceling their remission contradicted a 2002 constitution bench decision and requested a larger bench to adjudicate on the matter. They highlighted conflicting views from different benches of the court on the issue of premature release.
The plea underscored the need for clarity on whether subsequent benches can overturn judgments of earlier coordinate benches and sought direction from the Centre regarding which court order should apply to their case.
The January 8 verdict had nullified the Gujarat government’s remission for 11 convicts involved in the Bilkis Bano gang-rape case, ordering their return to jail within two weeks. The court criticized the state government for overstepping its authority in granting remission and undermining Maharashtra’s jurisdiction in the matter.
Bilkis Bano, who was pregnant and 21 years old at the time of the crime during the 2002 Gujarat riots, saw her plea for justice resonate through the apex court’s deliberations.
