Was gravity weighed, SC asks Gujarat on Bilkis case remission

New Delhi, April 18

The Supreme Court on Tuesday questioned the Gujarat Government over the remission granted to the 11 convicts last year in the case of gangrape of Bilkis Bano and murder of her family members during the 2002 Godhra riots, saying the gravity of the offence should have been considered and asked whether there was any application of mind.

Centre, Gujarat may seek review of order on production of remission files

Asking for reasons for the premature release of the convicts, a Bench of Justices KM Joseph and BV Nagarathna also questioned the parole granted to them during their incarceration period. “It (remission) is a kind of grace which should be proportional to the crime. Look at the records, one of them was granted parole for 1,000 days, that is three years, the other 1,200 days and the third for 1,500 days. What policy have you (Gujarat government) been following? It is not a simple case of Section 302 (murder) but a case of murders compounded by gangrape. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder.”

Hearing a plea challenging the release of the convicts, the court said although there was consultation with the Centre for grant of remission, the state was required to apply its mind, looking at the gravity of the offence. The Centre and the Gujarat government also told the court they might file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission. Senior advocate AM Singhvi, appearing for one of the PIL petitioners, said the records showed that when the convicts were released on bail, they had given threats to witnesses and were involved in other crimes.

Advocate Shobha Gupta, appearing for Bano, said no new records had been filed in the petition and it was just the challenge to the remission granted to the convicts.

The Bench told Additional Solicitor General SV Raju, appearing for the Centre and the Gujarat Government, “Here was a pregnant woman, who was gang-raped and several members of her family were killed. Crimes are generally committed against society and the community. Unequals cannot be treated equally.”

“The real question is whether the government applied its mind and what material formed the basis of its decision to grant remission in the facts and circumstances of the case,” the Bench said, adding that “today it is this lady (Bilkis) but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission then we will draw our own conclusions.”

The Bench told Raju that non-production of original files would be construed as a contempt and asked him why the state government was shying away from producing the files.

Senior advocate Siddharth Luthra, appearing for one of the convicts, said that when the victim has filed the petition challenging the remission then the court ought not to hear PILs filed by third parties.

Asking the Centre and the Gujarat Government to spell out their stand on filing of a review petition, the Bench posted the petitions challenging the remission to the 11 convicts in the case for hearing on May 2. It also asked the convicts to file their replies.

Bilkis Bano, pregnant at the time of crime, was gang-raped and her three-year-old daughter Saleha and 13 others were killed by a mob on March 3, 2002, in Dahod during violence that broke out in Gujarat after the Sabarmati Express was attacked in Godhra and 59 ‘kar sevaks’ were burnt to death.

A court in 2008 awarded life imprisonment to the convicts. Later, the conviction was upheld by the Bombay High Court and the Supreme Court. The 11 convicts were prematurely released on August 15, 2022. They were said to have been released due to completion of 15 years in prison, besides factoring in their age and behaviour during incarceration. — TNS/PTI

Horrendous act

• On March 27, terming Bilkis Bano’s gang-rape and murder of her kin in the Godhra riots a “horrendous” act, the SC had asked Gujarat whether uniform standards were applied while granting remission to the 11 convicts
• It sought govt’s reply on Bano’s plea against remission

Why 1,500-day parole allowed, asks court

It (remission) is a kind of grace which should be proportional to the crime. Look at the records, one of the convicts was granted parole for 1,500 days. What policy have you been following? SC Bench

Tomorrow, it can be you, me, anyone else

Today it is this lady (Bilkis) but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission then we will draw our own conclusions. SC Bench