New Delhi: The Supreme Court on Friday declined to entertain the plea by two men, who were convicted for the gang rape of Bilkis Bano case, assailing an order passed by the court setting the remission granted to all 11 convicts.
A bench comprising justices Sanjiv Khanna and Sanjay Kumar said that the court is not willing to entertain the plea and will not grant the relief, interim bail, requested by them. "What is this plea? How is it even maintainable? Absolutely misconceived….”, said the bench.
The bench said, "How can it sit in appeal over an order passed by another bench of the apex court."
Sensing that the court is keen to grant any relief, the counsel urged the court to allow him to withdraw the petition filed by two convicts.
Radheshyam Bhagwandas Shah and Rajubhai Babulal Soni, convicts in the Bilkis Bano case have moved the Supreme Court against the apex court’s verdict, on January 8, cancelling their release from the prison. The convicts moved the apex court through advocate Rishi Malhotra.
The plea submitted that an anomalous situation has arisen in the instant matter wherein two different coordinate benches sitting in the same combination of the two-judge bench have taken diametrically opposite views on the issue of premature release of the petitioner as well as which policy of the state government would be applicable.
“That with greatest respect the judgment rendered on January 8, is directly in teeth of the constitution bench decision in Rupa Ashok Hurra’s (case) and the same needs to be set aside, as if the same is permitted then it would lead to not only judicial impropriety but to uncertainty and chaos as to which precedence of law has to be applied in future”, said the plea.
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