The Supreme Court on Friday dismissed interim bail petitions filed by two of the 11 convicts in the Bilkis Bano case challenging the January 8 verdict cancelling their remission. Accused Radheyshyam Bhagwandas Shah and Rajubhai Babulal Soni had sought temporary release till the top court ruled on a fresh remission plea.
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.
Advocate Rishi Malhotra, appearing for convicts Shah and Soni, later sought permission to withdraw the plea, which the bench allowed.
Both Shah and Soni, along with nine others, were convicted of raping Bilkis Bano and killing her family during the 2002 riots in Gujarat's Godhra.
During 2002 Gujarat riots, Bano, who was five months pregnant at the time, fled her home in Randhikpur village with her 3-year-old daughter, husband and other family members. She, along with her family had reached the Chhaparvad district, where a mob of 20-30 men attacked their group with sickles, swords and stones. A total of 11 of these men gang-raped Bilkis Bano, her mother and three other women. Seven of her family members, including her 3-year-old daughter, were killed by the mob.
At total of13 individuals were convicted in the case on charges of rape, murder and conspiracy, out of which 11 were given life sentences.
In August 2022, the 11 convicts serving life sentences were granted premature release after the Gujarat government accepted their remission pleas in keeping with a 1992 policy and cited their "good conduct". Later, criticising the Gujarat government, the Supreme Court said it had "usurped" the power of its Maharashtra counterparts to grant remission to the convicts.