New Delhi, April 18.
The central and the Gujarat governments may seek a review of an earlier Supreme Court order asking them to show the files regarding the remission granted to all those convicted in the Bilkis Bano rape and murder case.
The Gujarat government had released 11 convicts — convicted by the trial court, High Court and the Supreme Court for their heinous crimes and sentenced to a jail term for the rest of their natural life — on Aug 15, 2022, to mark the country’s independence-day celebrations.
Bilkis Bano challenged the remission order in the top court. At the last hearing, the court had sought the files relating to the case so that it could examine the correctness of the state decision for itself.
At today’s hearing on her plea before a bench led by Justice K.M. Joseph, the government sought more time to challenge the order to show the files.
The bench accordingly allowed the state and central governments time till May 1, 2023, to file a review and claim privilege if they choose to or show the files.
“If you don’t show us (the files) we will draw our own conclusions. Why are you shying away?” Justice Joseph observed demanding answers from both governments.
“Just because the Union government has approved doesn’t mean that the state (government) is not required to apply its mind. Today it is this lady, tomorrow it can be someone else.”
There must be some objective standards that must be followed in every case of such release of convicts, Justice Joseph told Additional Solicitor General S.V. Raju.
How can you compare murder with rape and mass murder, the bench asked at another point. When remission is considered in such heinous cases the power must be exercised in public interest, Justice Joseph said.
In this context, Justice Joseph referred to the yardsticks laid down in the Venkata Reddy case.
In that case remission granted to the Congress leader on the ground that he was a “good Congressman” was set aside. “Reasons must also be given.” The bench
The bench, which also comprised Justice B.V. Nagarathna, also had strong words for the parole granted to the convicts. “What policy have you been following?” he asked.
“Have they even been in custody for 15 years. More than 1000 days parole (for each convict) …,” he observed when their counsel Siddharth Luthra claimed that though the offence was a grave one, they had spent over 15 years in jail and were entitled to remission.
Bilkis Bano was represented in the case by senior advocate Abhishek Manu Singhvi and advocate Shobha Gupta. The top court will now hear the case again on May 2.
Bilkis Bano, who survived a horrific gang-rape and murder attempt during the 2002 Gujarat riots, had challenged the en masse release of the perpetrators of the crime. She was then only 20 and 5 months pregnant then.
The convicts raped her and her sister, murdered 8 minors apart from other adults in the family, virtually eliminating her whole family. She survived the horrific and inhuman brutality only because she became unconscious and the accused thought she had died.
The state claimed that the central government had cleared the move and that they were being released under an earlier remission policy, dated July 9, 1992, which was in existence at the time of their crime.
