'You are on thin ice, why remission applied selectively': SC’s sharp questions to Gujarat govt in Bilkis Bano case

A bench of Justices BV Nagarathna and Ujjal Bhuyan orally remarked that the Gujarat government is “on thin ice” as far as grant of remission of 11 convicts in the case is concerned. - Reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court Thursday shot a volley of sharp questions at the Gujarat government in connection with remission granted to the convicts in the gang rape of Bilkis Bano and the murder of her family members.

A bench of Justices BV Nagarathna and Ujjal Bhuyan orally remarked that the Gujarat government is “on thin ice” as far as grant of remission of 11 convicts in the case is concerned. The bench queried additional solicitor general S V Raju, representing the Gujarat government, in this case it was second highest punishment after death penalty, which is life imprisonment (awarded to the accused), how was the remission given? The bench further queried, what was the need to have the opinion of the district judge of Godhra which did not try the accused?

The bench orally remarked that the opportunity to reform and reintegrate into society should be given to every eligible convict. Justice Nagarathna said, “Why is the policy of remission being applied selectively? The opportunity to reintegrate and reform should be given to every convict, not a few…..” The bench further queried Raju, how far is remission policy being implemented in cases where all persons who have completed 14 years, whether policy is implemented in all such cases.

Raju said that the state government was bound by the effective mandamus of a May 2022 Supreme Court judgment, which had said that the state's remission policy would apply in the case and the state government should consider such applications for remission based on its policy.

The top court also sought details about the composition of the jail advisory committee (there was criticism that there were two BJP MLAs on the committee). The bench further asked Raju, didn’t the CBI also give a negative opinion when their view was sought on remission of convicts?

Raju contended that law is not that everyone should be punished perpetually and chance should be given for reformation. The bench asked how far this rule, which gives a chance to criminals to reform by releasing them after 14 years being applied to other prisoners, and opportunity to reform and reintegrate should be given to all, why are our prisons overflowing? The bench asked the counsel to provide data regarding implementation of remission policy.

The top court will continue to hear the matter on August 24. The top court is hearing a batch of petitions challenging the remission granted to convicts in Bilkis Bano case. Besides the petition filed by Bano, Trinamool Congress (TMC) MP Mahua Moitra has also filed a PIL against the remission along with 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.