A convict in Bilkis Bano gangrape case has moved the Supreme Courtroom towards the January 8 verdict by the highest court docket that cancelled remission granted to the 11 convicts. The Supreme Courtroom had quashed the remission granted to 11 convicts within the Bilkis Bano gang-rape case and nullified its Might 2022 judgment that had directed the Gujarat authorities to contemplate the remission purposes of the convicts. The court docket held that not solely the judgment was “dangerous in regulation” but in addition obtained by “fraud” as one of many petitioners additionally a convict Radheshyam Bhagwandas Shah, had suppressed essential details and made deceptive statements in court docket.
Lately, the identical convict Radheshyam Bhagwandas Shah, who was additionally pulled up by the apex court docket for deceptive the highest court docket, has moved Supreme Courtroom difficult the decision cancelling remission, the Bar and Bench reported.
In keeping with the report, Shah has filed a petition contending that cancelling his remission and the re-imprisonment of all eleven convicts was “judicially improper”. He has challenged the January 8 verdict by a division bench of Justices BV Nagarathna and Ujjal Bhuyan, saying that it was incorrect in regulation for on division bench to overrule one other division bench of Justices Ajay Rastogi and Vikram Nath. Shah contends that the matter needs to be heard by a bigger bench as to division benches are in disagreement.
Radheshyam Shah has additionally sought bail till the highest court docket clarifies which of the division bench verdict ought to prevail, the report stated.
In Might 2022, the division bench led by Justice Rastogi-led bench had held that Gujarat (and never the Maharashtra authorities) was the suitable authorities to resolve on remission purposes of rape convicts. Following this verdict, the Gujarat authorities granted remission to the 11 convicts.
This determination was overruled by the division bench led by Justice Nagarathna in January 2024. The highest court docket held that the writ petition that challenged the Gujarat authorities’s energy to grant remission was maintainable because the state of Gujarat usurped the powers of state of Maharashtra whereas granting remission.
Bilkis Bano Rasool was 21-years-old and 5 months pregnant when she was gang-raped throughout the 2002 communal riots in Gujarat. Seven members of her household, together with her three-year-old daughter, had been killed within the riots.
In 2008, all of the 11 convicts had been awarded life imprisonment by a particular court docket in Mumbai and the choice was upheld by a division bench of the Bombay Excessive Courtroom in 2017.