New Delhi:The Supreme Court will pronounce its verdict Monday on a batch of pleas challenging the validity of premature release granted to 11 convicts in Bilkis Bano gang rape and murder of her family members in the 2002 Gujarat riots.
In August 2022, the Gujarat government allowed their release under its remission policy after the convicts had spent over 15 years in jail. In October last year, a bench comprising Justices B V Navarathna and Ujjal Bhuyan had reserved its verdict on a clutch of pleas challenging the remission granted to convicts in the case. The judgment was reserved after hearing rejoinder submissions by various petitioners.
The bench had said, “We have heard learned senior counsel and learned counsel for petitioners in so far as reply arguments are concerned. We have asked learned counsel for the Gujarat government to submit original records”. The bench then said, “It is submitted that since original records are in Gujarati and therefore, English translations would be filed along with original records…Union of India also to submit original records …Judgment reserved."
During the course of the hearing, senior advocate Indira Jaising, representing one of the petitioners, argued that both reformation and deterrence principles have to be kept in mind during remission. Advocate Vrinda Grover, representing a petitioner, pointed out that convicts did not pay fines imposed for a default in undergoing their sentences.
The bench had asked the counsel to address the court on how to balance the convicts' right to reform with the nature of their crimes. The bench said, "This case is about two extremes, let us assume remission was bad in law - how to balance the nature of the crime with their right to reform? Are you saying such accused have no right to reformation?”
Petitioners’ counsel had then stressed that the accused would have to go back to prison if any illegality is found in the government's decision to allow the remission of their sentence. A counsel contended that the state and central government had acted in a manner that was arbitrary, malafide, and partisan. It was argued before the court that the release was illegal and the criminal justice system is not vindictive does not mean you can get away with anything without demonstrating you have reformed.
The Gujarat government, defending its decision, had submitted that it granted remission on the basis of a judgment passed by another bench of the apex court in May 2022. Besides the petition filed by Bilkis Bano challenging the remission, several other PILs including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma have challenged the relief. TMC MP Mahua Moitra has also filed a PIL against the remission granted to the convicts.
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