NEW DELHI: The Supreme Court on Friday declined to consider a plea for interim bail by two convicts in a case of gang rape of Bilkis Bano and killings her family members during the Gujarat riots in 2002, raising question mark over maintainability.
A bench of Justices Sanjiv Khanna and Justice P V Sanjay Kumar said the court cannot sit in appeal here after a decision has been taken.
Convicts Radheshyam Bhagwandas alias Lala Vakil and Rajubhai Babulal Soni sought interim bail months after the apex court set aside an order by the Gujarat government to grant them remission.
In their plea, the convicts sought interim bail, till a fresh decision is taken by this court on their pleas for remission.
"What is this plea? How is it even maintainable? Absolutely misconceived. How can we sit over appeal? No, dismiss," the bench said.
Advocate Rishi Malhotra, appearing for the two convicts sought withdrawal of the plea, which was allowed by the bench.
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On January 8, 2024, a bench of Justices B V Nagarathna and Ujjal Bhuyan quashed remission of 11 life term convicts in 2002 case. The court had then declared a previous judgment by Justice Ajay Rastogi (since retired) and Vikram Nath of May 13, 2022, which directed the Gujarat government to decide remission as per 1992 policy, as "per incuriam and not a binding precedent".
The court had then directed all these 11 convicts to surrender within two weeks.
The Gujarat govt had granted remission to all the convicts after 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.
After this, the two convicts approached the Supreme Court questioning the validity of the two-judge bench judgment, which set aside a previous co-ordinate bench judgment to quash their premature release.
They also contended in view of conflicting judgments, the matter should be referred to a larger bench for final adjudication and proper determination on law and merits of the case.
They also said it is the policy of remission which is in vogue at the time of conviction by the trial court which would be applicable and not a subsequent policy.
The Gujarat government also filed a review petition for reconsideration of January 8, 2024 judgement for making "highly unwarranted" and "extreme observations" in quashing premature release of convicts.
