New Delhi: The Supreme Court Thursday reserved its verdict on a clutch of pleas challenging the remission granted to convicts in the Bilkis Bano gang rape and murder of family members during Gujarat riots in 2002.
A bench comprising Justices BV Nagarathna and Ujjal Bhuyan reserved its judgment on the petitions after hearing rejoinder submissions by various petitioners. The bench said, “We have heard learned senior counsel and learned counsel for petitioners insofar as reply arguments are concerned. We have asked learned counsel for the Gujarat government to submit original records”.
The bench said, “It is submitted that since original records are in Gujarati and therefore, English translations would be filed along with original records by Monday. Union of India also to submit original records on Monday. Judgment reserved."
During 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 were also not paying fines imposed for default in undergoing their sentences.
The bench 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 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.
Besides the petition filed by Bilkis Bano challenging the remission granted to the convicts by the Gujarat government, 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.
Also read: We are terrified of the future: Bilkis Bano's husband on release of 11 convicts
