NEW DELHI, Apr 18: Unwilling to disclose the reasons that led to the earlier-than-schedule release from prison of the 11 convicts of Bilkis Bano gang rape and murder case, the centre and the Gujarat government told the Supreme Court on Tuesday that they may file a plea seeking a review the court’s March 27 order asking them to be ready with original files on the grant of remission to the convicts.
A Bench of Justices K.M. Joseph and B.V. Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the State.
The government, citing “privilege”, has indicated it does not want to produce the documents connected with the remission of sentence of 11 convicts in the case. Ms Bano had approached the Supreme Court in November last year challenging what she called “premature” release of the 11 convicts by the state government. She said the remission of sentence has “shaken the conscience of society.” Seven members of her family, including her three-year-old daughter, were also murdered in the 2002 Gujarat riots.
The Supreme Court on March 27 told the Gujarat government and the centre to show the files used in the remission of sentence. It had termed the Bilkis Bano gang-rape case and the murder of her family members a “horrendous” act and questioned the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts.
“A pregnant woman was gang-raped and several people were killed. You cannot compare victim’s case with standard Section 302 (murder of Indian Penal Code) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally,” the Supreme Court said.
“The question is whether the government applied its mind and what material formed the basis of its decision to grant remission,” the Supreme Court said. “Today it is 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,” it said.
The apex court asked the Centre and the State to make its stand clear about filing of a review plea. It had sought a response from the Centre, Gujarat Government and others on a plea filed by Ms. Bano, who was gang-raped and seven members of her family were killed during the 2002 post-Godhra riots.
Ms. Bano has challenged the remission of sentence of 11 convicts in the case. All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The Supreme Court will hear a clutch of requests challenging the remission to the convicts on May 2. It ordered all the convicts who have not been served notice to send their replies. The Supreme Court is seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Ms. Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed. Last month, one of the 11 men who is after the remission of his sentence was seen sharing stage with a BJP MP and an MLA at a government programme in Gujarat.
(Manas Dasgupta)