NEW DELHI: After State of Gujarat, now one more convict in the Bilkis Bano case has moved the Supreme Court seeking review of the Justice BV Nagarathna led bench judgment which had held that Gujarat govt had no power to grant them remission.
The review plea was filed by Ramesh Rupabhai Chandana before the top court and he said that the SC had erred while passing the order and overruling judgment of May 13, 2022, passed by another bench of the apex court.
The plea, of Chandana, further said the remission policies of Gujarat and Maharashtra respectively, when compared – both at the time of transfer and subsequent conviction respectively – can be said to be beneficial and prejudicial respectively.
Earlier on March 2, a convict in the case, Radheshyam Bhagwandas Shah, also had moved the Supreme Court claiming that the January 8 verdict of cancelling his remission and the re-imprisonment of all eleven convicts was judicially improper.
"The order of January 8 of the SC was in contravention of the doctrine of Comity of Courts. The doctrine of Comity of Courts refers to courts respecting the laws and decisions of other courts," Chandana said in his plea and sought review of the Jan 8 verdict.
Chandana had urged the Apex court to reconsider his plea for premature release. He has also sought bail until the Supreme Court can clarify and order as to which of the two-judge bench judgments would prevail.
The Apex Court in its landmark verdict on January 8, had quashed the Gujarat govt’s August 15, 2022, decision and order to grant remission to 11 convicts, sentenced to life term for the gangrape of Bano and her family members during the 2002 Gujarat communal riots and directed all these 11 convicts to surrender within two weeks in the case by January 21.
The Gujarat govt had granted remission of all these 11 convicts on August 15, 2022, following a May 2022 judgment in which the top court held that an application of remission should be considered in line with the policy of the State where the crime was committed and not where the trial was held.
The Gujarat govt's remission to all the 11 convicts of Bilkis and freed them created a huge public outrage and social activist, lawyers, and civil society terming it as "miscarriage of justice."
The name of 11 convicts who were set free by the Gujarat govt are Jaswant Nai, Govindbhai Nai, Shailesh Bhatt, Radhyesham Bhagwandas Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Modhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Chamanlal Bhat and Ramesh Rupabhai Chandana.
The Gujarat govt had on February 14 also moved the Supreme Court by filing a review petition against its January 8, 2024 order seeking to expunge certain remarks made against the State government for its conduct with regard to the premature release of the 11 convicts, the review petition said.
The Gujarat state govt, in its review petition, filed before the top court said that the remarks against Gujarat government in the judgment has caused great prejudice to the state. It has thereby sought a direction from the SC to delete the adverse remarks against the State.
