Calling the pleas as “absolutely misconceived”, the Supreme Court of India on Friday refused to entertain the petitions of two of the 11 convicts in the Bilkis Bano rape case challenging the January 8 verdict cancelling their remission.
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.
“What is this plea? How is this plea maintainable? This is absolutely misconceived. How can an Article 32 petition be filed? We can’t sit in appeal over an order passed by another bench,” the bench said.
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Bhagwandas and Babualal had sought temporary release till the top court ruled on a fresh remission plea. They have filed a challenge to the court’s January verdict that cancelled their release by the Gujarat government on Independence Day in 2022.
They are convicted of raping Bilkis Bano and killing her family during the 2002 riots in Gujarat’s Godhra.
Advocate Rishi Malhotra appearing for convicts Radheyshaym Bhagwandas Shah and Rajubhai Babulal Soni sought permission to withdraw the plea. The bench allowed the counsel to withdraw the plea. Shah has also applied for interim bail.
In March, both the convicts moved the top court contending that its January 8 verdict cancelling remission of their sentence was “in teeth of” a 2002 constitution bench order and sought the issue to be referred to a larger bench for “final” adjudication.
(With inputs from PTI)