The Supreme Court on Friday refused to hear a plea filed against the apex court's January 8 judgment canceling amnesty granted to two of the 11 convicts in the Bilquis Bano case.
A bench of Justices Sanjiv Khanna and Sanjay Kumar termed the plea as “totally misguided” and asked how it could entertain an appeal against an order passed by another bench of the apex court.
The bench said, what is this application? How can this application be heard? This is completely wrong. How to file Section 32 application? “We cannot appeal against the order passed by any other bench.”
Advocate Rishi Malhotra, appearing for the accused Radheshyam Bhagwandas Shah and Raju Babulal Soni, sought permission to withdraw the plea. The bench allowed the lawyer to withdraw the plea. Shah has also applied for interim bail.
Two of the 11 convicts in the Bilquis Bano case filed a petition in the Supreme Court in March, arguing that the January 8 decision to set aside the commutation of their sentence was against a 2002 constitution bench order and requested that the issue be referred to a larger bench for a final decision. .
