The Supreme Court dismissed the pleas of two of the 11 convicts in the Bilkis Bano case challenging the January 8 verdict by the Gujarat government that cancelled their release on Independence Day in 2022.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar described the plea as “absolutely misconceived” and questioned the judicial integrity of granting remission over an order passed by another bench of the Supreme Court.
Claiming an “anomalous” situation had arisen, where two different benches of the top court had taken opposite takes on the state government’s policy of releasing the convicts, the two convicts, Radheysham Bhagwandas and Rajubhai Babulal, sought temporary release until the apex court ruled on a fresh remission plea in March.
Representing the petitioners, Advocate Rishi Malhotra referred to the May 2022 judgement, which held that the Gujarat government was the competent authority to consider the remission. The bench, however, pointed out that the January verdict considered the first judgement, which was declared void.
On January 8, the Supreme Court set aside the remission of 11 convicts sentenced to life imprisonment on multiple murder and rape charges, including that of Bilkis Bano, during the 2002 Gujarat riots. The judgement held that the Gujarat government was not the “appropriate” authority to make a decision on the issue since the trial was held in Maharashtra.
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As a result, the State of Gujarat’s remission orders were found to be invalid, and the convicts, who were given premature release in August 2022, were directed to surrender to prison within two weeks.
Bilkis Bano was 21-year-old and five months pregnant when she was gang raped and her three-year-old daughter were among the 14 family members who were killed in the Gujarat riots.