Petitioner Cleverly Concealed Name Of Prosecutrix Which Is Still Alive In Public Memory- Bilkis Bano Seeks Review Of SC Order

Bilkis Bano has approached the Supreme Court seeking a review of the Supreme Court's order allowing the Gujarat Government to decide the remission plea of the convicts.

"The writ petitioner very cleverly concealed name of the prosecutrix Bilkis Bano, which is still alive in larger public memory as a synonym to victim of Gujarat Riots who suffered extreme level of inhuman brutality and violence", she says in the petition seeking review of the May 2022 order of the Apex Court.

As per the review petition, the writ petition filed by the convict had concealed the nature of the crime for which the writ petitioner and his co-accused were convicted by the Trial Court, High Court and Supreme Court.

It was stated in the review petition that petitioner-convict had concealed the facts of interference by the Supreme Court in this case at a very initial stage when the criminal case was closed by the State Investigating Agency and the trial court concerned, on the ground that the accused are not traceable.

It was further stated that the petitioner-convict did not challenge the Order of the Gujarat High Court dismissing the plea of the convicts by holding that his case for remission can only be considered by the State of Maharashtra and not by the State of Gujarat as he was convicted by the Court of State of Maharashtra.

The review petition also points out that the view taken by the Supreme Court, that "the State of Gujarat is the 'Appropriate Government' and not the State of Maharashtra where the case was transferred only for the purpose of trial", is in complete contrast and per-incuriam to the settled position of law laid down by the Court, wherein, the Court has held that the test to determine the appropriate government is to locate the State where the accused was convicted and sentenced and not the State where the crime was committed or the accused belongs too.

The petition by Bilkis also stated that she was not even made party respondent in the remission case and thus she had no information of the filing or pendency of the said writ petition till the convicts were prematurely released on August 15, 2022.

Eleven accused who were sentenced to life imprisonment for the 2002 post-Godhra Bilkis Bano gang rape and murder of seven members of her family were released in August from the Godha sub-jail after the Gujarat Government permitted their release under its remission policy.

The order of remission has also been challenged before the Supreme Court and the Court has issued notice on that plea.