'Did the govt apply their mind?': SC questions remission to convicts in Bilkis Bano case

Supreme Court snubs Gujarat government on the early release of the convicts in Bilkis Bano. The court asked whether the state government had applied their minds before allowing remission to the convicts.

New Delhi: Strongly criticising the Gujarat government for the premature release of 11 life-term convicts in Bilkis Bano case, the division bench of Supreme Court comprising Justices KM Joseph and BV Nagarathna Tuesday asked whether the state government had applied their mind before allowing remission to the convicts. The court also expressed concern over the decision saying ‘Today it is Bilkis Bano, tomorrow it can be anybody’.

Raising questions over the state government’s decision, the apex court expressed concern over the application of mind by the state government and the material basis for its decision, considering the heinous nature of the crime and its impact on society. The bench emphasized that the exercise of remission powers must be guided by public interest and objective standards, rather than arbitrary or politically motivated considerations.

The court was hearing the petitions filed by Bilkis Bano challenging the early release of the convicts. The bench had issued notices in the pleas on March 27 and has now listed the matter for further hearing on Monday, April 24. The court will also decide on a review petition proposed to be filed by the government against the court's earlier order.

The government's counsel, ASG SV Raju, appearing for both the Centre and the Gujarat government, told the bench that they would take a call on whether to file the review petition by Monday. Initially, the convicts' counsels sought more time to respond to the matter and urged the bench to adjourn the hearing. However, the petitioners strongly objected to this request, and the bench agreed that while accused persons may indulge in delaying tactics, the opposite side must be given sufficient time to respond.

During the hearing, the bench also perused the records of the case and noted that the convicts had been granted virtually three years of parole while serving their sentence, with more than 1,000 days of parole granted to each of them. The judge questioned the government's policy in this regard and noted that a case involving rape and mass murder cannot be compared with a case of simple murder. However, the respondents' counsel submitted that they were dealing with men who had been in custody for 15 years, and the bench questioned this claim, pointing out that more than 1,000 days of parole had been granted to them.

In May 2022, a bench led by Justice Rastogi gave a ruling in favour of Gujarat government saying that the government had the jurisdiction to consider the remission request as the offence took place in Gujarat. Bilkis Bano had sought a review of this decision, but the Supreme Court dismissed her petition in December 2022.

Meanwhile, the state government on the basis of their remission application released all the 11 August 15, 2022. Visuals of the released convicts receiving a hero's welcome became viral on social media, leading to an outcry among several sections. In this background, a bunch of PILs were filed in the Supreme Court questioning the relief granted to the convicts, and Bilkis Bano challenged their premature release.

The Gujarat government has told the Supreme Court in an affidavit that the decision was taken after the approval of the central government, considering the good behaviour of the convicts and the completion of their 14-year sentence. The state's affidavit revealed that the CBI and the presiding judge of the trial court objected to the release of the convicts on the ground that the offence was grave and heinous.

Bilkis Bano's case is one of the most brutal incidents of communal violence in India, where she suffered egregious violence upon her person and her immediate family members, including gang rape and the elimination of 14 members of her immediate family, including eight minors, in front of her eyes. The case has been a long-drawn legal battle, with Bilkis Bano fighting for justice and seeking the conviction of all those involved in the heinous crime.