SC dismisses plea of two convicts in Bilkis Bano case against cancelling remission
NEW DELHI: The Supreme Court on Friday, in its order, refused to entertain the pleas filed under Article 32 by two men convicted for the gang rape of Bilkis Bano during the Gujarat riots in 2002.
A two-judge bench of the top court, led by Justice Sanjiv Khanna and Justice PV Sanjay Kumar, did not grant any relief to the two convicts -- Radheshyam Bhagwandas and Rajubhai Babulal Soni -- who had moved the court for interim bail.
The two convicts -- Bhagwandas and Soni -- moved to the apex court for interim bail, citing that until a fresh decision is taken by this court on their pleas for remission or early release from jail, the court should grant them interim bail.
The apex court did not find any merit in their pleas and refused to entertain them.
"What is this plea? How is it even maintainable? Absolutely misconceived. How can, in Article 32, we sit over appeal? No, dismiss," the bench said.
Rishi Malhotra, a criminal lawyer appearing for the two convicts -- Bhagwandas and Soni -- after hearing it from the apex court, sought permission to withdraw his plea, which it allowed, as the petition was dismissed as withdrawn.
Convict in Bilkis Bano case moves SC saying verdict cancelling his remission violates judicial propriety
The Supreme Court, in its landmark verdict on January 8, this year, quashed the Gujarat government’s August 15, 2022, decision to grant remission to 11 convicts sentenced to life terms for the gangrape of Bilkis Bano and killing her family members during the 2002 Gujarat communal riots and directed all 11 convicts to surrender within two weeks in the case by January 21, Sunday.
The Gujarat government had granted remission to all 11 convicts on August 15, 2022, following a May 2022 judgement in which the top court held that an application for remission should be considered in line with the policy of the state where the crime was committed and not where the trial was held.
The Gujarat government's remission to all the 11 convicts of Bilkis and freeing them created a huge public outrage, and social activists, lawyers, and civil society termed it a "miscarriage of justice."
The names of these 11 convicts who were set free by the Gujarat government are Jaswant Nai, Govindbhai Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Babulal Soni, Mitesh Chamanlal Bhat, and Ramesh Rupabhai Chandana.
