The Supreme Court on Friday dismissed the interim bail petitions of Radheyshyam Bhagwandas and Rajubhai Babulal, who were convicted of raping Bilkis Bano and killing her family during the 2002 Gujarat riots. The men sought temporary release pending the court’s decision on their new remission plea. This comes after their challenge to the court’s January verdict, which overturned their 2022 release by the Gujarat government on Independence Day.
Convicts’ Appeal for Interim Bail
In March, Bhagwandas and Babulal petitioned the court, arguing that the January verdict contravened a 2002 Constitution bench order. They requested that the issue of their remission cancellation by the Gujarat government be referred to a larger bench, claiming that an “anomalous” situation had emerged with two Supreme Court benches of equal strength issuing contradictory rulings on the state’s early release policy.
Their plea highlighted that in May 2022, a Supreme Court bench directed Gujarat to consider Bhagwandas’ early release plea. However, the January verdict stated that Maharashtra, not Gujarat, had the authority to grant remission. The plea warned that this discrepancy could lead to “judicial impropriety” and confusion over which legal precedent to follow.
The convicts sought a directive for the central government to clarify which judgment—May 13, 2022, or January 8, 2024—should be applied in future cases. Their lawyer, Rishi Malhotra, argued for the opportunity to approach the appropriate authority given the conflicting court decisions.
Supreme Court’s Response
Justice Sanjiv Khanna, addressing the plea, questioned its maintainability, calling it “absolutely misconceived.” He clarified that the court was not sitting in appeal of a public interest litigation (PIL) and reiterated that the January verdict had already considered the May ruling under Article 32 of the Constitution, which allows individuals to seek enforcement of their fundamental rights.
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January Verdict Overview
The January ruling had harshly criticized the May 2022 decision by Justice Ajay Rastogi (now retired) and stated that the Gujarat government should have sought a review of that judgment. The court noted that the 11 convicts’ release was based on a 1992 remission policy, which had been superseded by a 2014 law, and ordered their return to jail.
In August 2022, the Gujarat government granted premature release to the 11 convicts, who were serving life sentences, citing their “good conduct” under the 1992 policy. This decision faced severe backlash, and the Supreme Court asserted that Gujarat had “usurped” the power of Maharashtra authorities to grant remission.
Background of the Case
Bilkis Bano was 21 years old and five months pregnant when she was brutally raped during the Gujarat riots. Her three-year-old daughter was among the seven family members killed in the attack. The case has remained a significant and harrowing example of the atrocities committed during the 2002 riots.
