2 Bilkis Bano Case Convicts Petition Supreme Court For "Final" Order On Remission

The plea sought a direction to the Centre to consider the case of the petitioners for premature release and clarify which judgement of its coordinate benches- of May 13, 2022 or January 8, 2024- would be applicable to them.

Two of the 11 convicts in the Bilkis Bano case have moved the Supreme 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.

Radheyshaym Bhagwandas Shah and Rajubhai Babulal Soni, both lodged in Godhra sub-jail after the Supreme Court verdict, said an "anomalous" situation has arisen wherein two different coordinate benches (benches of same strength) have taken diametrically opposite view on the same issue of premature release as well as on which policy of the state government would be applicable to the petitioners for remission.

The plea, filed through advocate Rishi Malhotra, said while one bench on May 13, 2022 categorically ordered the Gujarat government to consider the application of Radheyshaym Shah for premature release in terms of the state government'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 government that was competent to grant remission.