SC lawyers raise questions over releasing rapists of Bilkis Bano, say gravity of offence not considered

On August 15 this year, eleven men convicted for the gang rape of Bilkis Bano during the 2002 Gujarat riots were released by a committee set up by the Gujarat government. Reflecting on the matter, Supreme Court advocates Aparna Bhatt and Mahmood Pracha asked how the entire group was released when only one convict filed application, raising questions also on receptions given to the group post-release, writes ETV Bharat's Maitrie Jha.

New Delhi: On August 15, eleven men convicted for gang rape of Biklis Bano and murder of her family members during the 2002 Gujarat riots were released after a committee set up by the Gujarat government remitted their life sentences.

One of the convicts had moved to the Gujarat High court seeking remission of his sentence, but the HC had held that it has to be decided by the Maharashtra government and not Gujarat since the trial happened in Maharashtra. Later, one of the convicts moved to the Supreme Court which directed the Gujarat government to look into the matter and take a decision.

Talking to ETV Bharat on the matter, Supreme Court advocates Aparna Bhatt and Mehmood Pracha wondered how 11 convicts were released when only one had filed an application. "Only one person had come and other people had not come, I don't understand how did they release the other people, it is not clear..... on what basis did they release all of them I don't know," said the advocate Aparna Bhatt.

"How did they assume that these persons are eligible because the crime was gruesome," said added Bhatt. Talking about the grounds that are considered for remission, Bhatt said that factors like inmates behaviour, conduct, nature, gravity of the offense, etc, are considered but "I don't think they have considered all of this in this matter".

Concurring the same another advocate Pracha opined that the Supreme Court judgement of asking the state to decide the issue was just used as a pretext for releasing others as well. "When the authorities are magnanimous, they want to do something, they do it. Probably, they were waiting to release them," he said.

He said that the way the committee was set up, filled with active BJP members, the way reception was given to the convicts after their release by RSS people, and statements given by the BJP member that "brahmans have good sanskars" only "strengthen the claims" that Narendra Modi, Amit Shah, and the RSS were directly involved in the incident, trial and investigation, he added.

Pracha said that while releasing the convicts the opinion of the judge who passed the conviction order was not taken, there was no application of mind and the incidents following the release such as giving garlands shows that this was all designed at the highest level and convicts were released by "breaking all tennets of law".

"Because of the gruesomeness, the punishment which should have actually been given was death penalty," said Pracha. As per the advocates the remission of the convicts can be challenged by Biklis Bano or in a form of PIL (Public Interest Litigation) as well.