Bilkis Bano brought a review petition before the SC challenging the apex court's May 13 ruling

Bilkis Bano, a Gujarat riots gangrape survivor, brought a review petition before the Supreme Court of India challenging the apex court's May 13 ruling which held that remission of convicts should take into account the policy in place at the time of conviction in the state where the crime was committed.

In addition, Bilkis Bano filed a writ petition challenging the Gujarat government's decision to grant remission to 11 convicts who gang-raped and murdered her family members during the 2002 Godhra riots.

In a statement, the Chief Justice of India said he would examine the possibility of hearing both pleas together before the same bench headed by Justice Ajay Rastogi, who rendered the May 13 judgment.

According to the review petition, since the trial was held in Maharashtra, the state's remission policy should apply, not Gujarat's remission policy from 1992.

According to a Division Bench of Justices Ajay Rastogi and Vikram Nath in May this year, Section 432(7) of the Code of Criminal Procedure (CrPC) 1973 gives the appropriate government the power to remit sentences to the court. Two State governments cannot hold concurrent jurisdiction at the same time.

A writ petition filed by Radheshyam Bhagwandas Shah @ Lala Vakil, one of the convicts, was being reviewed by the top court. It asked the state of Gujarat to consider his application for premature release under a policy that was in effect at the time of his conviction on July 9, 1992.

In the end, however, his petition filed in the Gujarat High Court was dismissed on the grounds that since the trial had concluded in Maharashtra, the application for premature release had to be filed in Maharashtra and not Gujarat.

According to the Supreme Court, the crime was committed in Gujarat, and the trial would ordinarily be held in Gujarat. Therefore, in the ordinary course, the Gujarat government would be the appropriate government.

Therefore, since the crime took place in Gujarat, all further proceedings, including the request for remission, must be considered in accordance with the Gujarat Government's policy.