Bilkis Bano Gang Rape: Convict seeks review of Supreme Court verdict

A gangrape convict in the Bilkis Bano case has moved the Supreme Court challenging a January 8 judgment by which the top court cancelled the remission (early release from prison) granted by the Gujarat government to him and others convicted in the case [Ramesh Rupabhai Chandana vs Bilkis Yakub Rasool and ors]..Convict Ramesh Chandana, through advocate Pashupati Nath Razdan, has argued that the top court overruled another division bench order in its January 8 verdict, which is not permissible.In the January 8 judgment, the bench of Justices BV Nagarathna and Ujjal Bhuyan had concluded that the remission policy applicable to the rape convicts in the Bilkis Bano case was the remission policy in Maharashtra (where the rape case trial took place) and not that of the Gujarat government.In other words, the top court said that the State of Gujarat had no authority to apply its remission policy to the rape convicts in this case. This finding has now been questioned by Ramesh Chandana. "Whether the offence having taken place in Gujarat, the mere fact of transfer would deprive the parties of benefit of the Gujarat policy laying down 14 years as criteria for becoming eligible for grant of remission which is beneficial for the Petitioner and while it was 28 years as per Maharashtra policy which was prejudicial for him", the plea asks..The review petition by the convict also highlights a May 2022 Supreme Court judgment, which had earlier paved way for the early release of the convicts. This 2022 judgment had concluded that an application of remission should be considered in line with the policy of the State where the crime was committed (Gujarat, in this case) and not where the trial was held.Pertinently, in the January 8 judgment, the top court later found that this 2022 judgment had no binding force since the convict (Radheshyam Bhagwandas) who approached the Supreme Court in the matter had suppressed material facts. .Maharashtra remission policy will not aid immediate release of Bilkis Bano gangrape convicts.Convict Ramesh Chandana has now contended that the May 2022 judgment could not have been set aside in the absence of a curative petition against the same."Whether the overruling of judgment dated 13.05.2022 of a coordinate Bench passed by this Hon’ble Court ... vide the impugned order is in contravention of the doctrine of comity of Courts?" the plea asks..Notably, the Gujarat government has also filed a review petition questioning the correctness of the top court's January 8 judgment.In particular, the State government has objected to the Supreme Court's observation that the Gujarat government had “acted in tandem and was complicit with accused." These remarks have caused great prejudice to the State, the review plea said. In the January 8 judgment, the top court had added that the Gujarat government should have filed a review petition against the May 2022 judgment.