Supreme Court Issues Notice to Gujarat & Maharashtra on Plea by Two Convicts in Bilkis Bano Gangrape-Murder Case Challenging 2017 Bombay High Court Conviction

The Supreme Court today issued notice on the special leave petitions filed by two convicts — Bipinchand Kanaiyalal Joshi @ Lala Doctor and Pradip Ramanlal Modhiya — challenging the judgment and order dated 04.05.2017 passed by the Bombay High Court which upheld their conviction and life sentence in the Bilkis Bano gangrape and murder case arising out of the 2002 Gujarat riots.

A bench comprising Justice Rajesh Bindal and Justice Vijay Bishnoi issued notice to the States of Gujarat and Maharashtra and listed the matters for further hearing on 05.05.2026.

The Bombay High Court had upheld the conviction and life sentence imposed on 11 accused, including the present petitioners, by the trial court for offences of murder, rioting and gangrape punishable under Sections 143, 147, 302 read with Section 149, and Sections 376(2)(e) & (g) of the Indian Penal Code. It also upheld the sentences of rigorous imprisonment for other offences including ten years’ imprisonment under Section 376(2)(g) IPC. The High Court further set aside the acquittal of certain police officials and doctors who had been acquitted of offences under Sections 201 and 218 IPC relating to alleged lapses in investigation and post-mortem procedures.

The case relates to the communal violence that erupted in Gujarat following the Godhra train burning incident on 27.02.2002. On 03.03.2002, 21-year-old Bilkis Bano, who was five months pregnant, was attacked by a mob while fleeing her village Randhikpur along with her family. The mob killed several of her relatives including her three-year-old daughter and gangraped Bilkis Bano. She identified the accused, including the present petitioners, as part of the mob.

The initial investigation by the local police resulted in closure reports. Pursuant to the Supreme Court’s order dated 16.12.2003 transferring the investigation to the CBI, the agency exhumed bodies, collected forensic evidence and filed a charge sheet on 19.04.2004. The trial was transferred to Maharashtra and the trial court convicted all 11 accused.

In August 2022, the 11 convicts were released by the Gujarat government under its remission policy. The Supreme Court, by judgment dated 08.01.2024, set aside the remission orders holding that the Gujarat government was not the appropriate authority as the trial had been transferred to Maharashtra. The convicts were directed to surrender.

Senior Advocates Siddharth Luthra and Sonia Mathur along with AoR Ayush Anand appeared for the petitioners.

Case Title: Bipinchand Kanaiyalal Joshi @ Lala Doctor v. State of Gujarat| Diary No.: 45823 / 2025