Two convicts from the Bilkis Bano gangrape case have lodged an appeal with the Supreme Court challenging the cancellation of the remission granted to them, as per reports from a news agency on Saturday.
The move comes in response to the Supreme Court’s January 8 ruling, where it invalidated the Gujarat government’s decision to grant remission to 11 men convicted for the gangrape of Bilkis Bano and the murder of 14 members of her family during the 2002 communal riots in the state. The judges found that the Gujarat government’s order was based on the suppression of facts and fraudulence played out in court. Radheshyam Shah, one of the convicts, was highlighted for concealing material facts to secure a favorable order, resulting in the release of all convicts.
In their petition, Shah and another convict, Rajubhai Babulal Soni, argued that conflicting opinions had emerged from different benches of the Supreme Court regarding the authority responsible for deciding on remission. While one bench directed the Gujarat government to consider Shah’s plea for early release in May 2022, the two-judge bench behind the January 8 verdict asserted that the Maharashtra government, not Gujarat, held jurisdiction over the matter.
The petition raised a critical question about whether a subsequent bench can overturn the judgment of an earlier bench and issue contradictory orders or whether it should refer the matter to a larger bench if it finds the earlier decision flawed in terms of law and facts.
The convicts have requested the Centre to evaluate their case for remission, while Shah has separately filed for bail.
On January 8, the convicts were released after the Gujarat government granted them remission. However, during the judgment, Justice BV Nagarathna clarified that the Gujarat government lacked the authority to issue the remission order. According to Section 432 of the Code of Criminal Procedure, the government of the state where the trial occurred, in this case, Maharashtra, holds the jurisdiction to issue such orders.
The court instructed the 11 convicts to surrender to jail authorities within two weeks. Despite their pleas for additional time citing various reasons such as the ill health of elderly parents and family events, their requests were denied by the court on January 19.
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