"How is this maintainable?": Supreme Court dismisses plea of Bilkis Bano Case Convicts

The Supreme Court on Friday dismissed a plea filed by two convicts in the Bilkis Bano rape case challenging a January 8 judgment that revoked their early release granted by the Gujarat Government and asked them to surrender.

Justices Sanjiv Khanna and Sanjay Kumar dismissed the plea, stating they couldn't overturn another bench's decision. Justice Khanna said, "Under Article 32... we are not sitting in appeal... how is this maintainable? It's misconceived."

Advocate Rishi Malhotra, representing the petitioners, cited a May 2022 judgment affirming Gujarat's authority to consider remission. However, the bench noted the January ruling which invalidated this, asserting the first judgment was fraudulent. On January 8, the Supreme Court nullified remission for 11 convicts in the Bilkis Bano case. It held Gujarat lacked jurisdiction as the trial occurred in Maharashtra. This voided their premature release, ordering surrender within two weeks. Convicts Radheshyam Bhagwandas Shah and Rajubhai Babulal Soni challenged this ruling, also seeking bail.

The Bilkis Bano Case:

Bilkis Bano was 21 and pregnant during the 2002 Gujarat riots was gang-raped and her family members murdered. Then began her long drawn journey of seeking justice. In 2008, a Mumbai court convicted the accused, a decision upheld by the Bombay High Court. The Supreme Court also intervened, directing Gujarat to compensate Bano and manage remission decisions based on jurisdiction.

The convicts' release under Gujarat's policy sparked outrage and legal challenges, including petitions from prominent figures like Subhashini Ali and Mahua Moitra. Bano herself challenged their release.

The Apex court on January 8, nullified remission for 11 convicts. It held that the Gujarat government lacked jurisdiction as the trial occurred in Maharashtra, and ordered the convicts to surrender back to jail.