SC dismisses plea of 2 Bilkis case convicts

A bench of Justices Sanjiv Khanna and Sanjay Kumar termed the plea as "absolutely misconceived" and said how can it sit in appeal over an order passed by another bench of the apex court.

Bilkis Bano Case Latest Updates: SC on bilkis bano rape case

Bilkis Bano (Express Photo)

The Supreme Court Friday refused to entertain a plea by two of the convicts in the Bilkis Bano case seeking interim bail.

A bench of Justices Sanjiv Khanna and P V Sanjay Kumar termed it “misconceived”. The bench said it cannot sit in appeal over the decision of the coordinate bench which on January 8 this year, had cancelled the remission granted to them. “We are not sitting in appeal…how is this even maintainable? It’s misconceived,”said Justice Khanna.

Advocate Rishi Malhotra appearing for convicts Radheyshaym Bhagwandas Shah and Rajubhai Babulal Soni sought permission to withdraw

the plea.

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The plea, filed through Malhotra, said while one bench on May 13, 2022, categorically ordered the Gujarat government to consider Shah’s application for premature release in terms of the state’s remission policy of July 9, 1992, the bench that pronounced the verdict on January 8, 2024, concluded that it was Maharashtra and not the Gujarat that was competent to grant remission. Justice Khanna, however, said that the second judgment, of January 2024, will prevail. The counsel then sought permission to withdraw the plea and this was granted by the court.

Bilkis was gangraped and her three-year-old daughter was among 14 people killed by a mob on March 3, 2002, in Limkheda taluka of Dahod district during the riots. The state government granted remission to the 11 convicts and they were released on August 15, 2023. Subsequently, this was set aside by the SC.

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