'Horrendous': SC pulls up Centre, Gujarat govt over remission to Bilkis Bano convicts
New Delhi, April 18: Supreme Court on Tuesday slammed the Centre and Gujarat government and said that "unequals can't be treated equally" while adding that the plight of Bilkis Bano, who was gang-raped and her family members were murdered during the 2002 Godhra riots, can't be compared to the murder of a single person.
A bench of Justices KM Joseph and BV Nagarathna further stated that the way the offence was committed is "horrendous".
"Crimes are generally committed against society and the community. So when you give remission... You cannot compare the victim's plight with standard 302 (murder) cases. Unequals cannot be treated equally," the bench observed.
"See, more than 1100 days of parole... 1200 days, virtually three years..1000 days....1400 days... 1500 days on parole? Is that even available to an ordinary citizen? What policy have you been following?" the bench as it read the details of parole granted to the convicts.
Appearing for one of the convicts, senior advocate Sidharth Luthra, contended, "One is normal parole for a month. Other is this court said that during Covid parole must be granted."
"Just because it is gruesome crime convict should spend more time is contrary to law," Luthra said.
Inquiring about the Gujarat government's decision to allow the premature release of 11 life convicts in the Bilkis Bano case, the bench stated that when remission is considered in such heinous crimes affecting society at large, the power must be exercised while keeping public interest in mind.
Just because the Central government concurred with the state does not mean the state is not required to apply its mind, the top court told Additional Solicitor General SV Raju who was appearing for the Gujarat government.
Also Read | Heatwave warning issued for 8 states; check dos and don'ts
"The question is whether government applied its mind, what material formed the basis of its decision, etc. Law is clear. Just because Union has approved does not mean state is not required to apply mind. What material formed the basis of this decision? They were released by executive order... Today it is this lady (Bilkis). Tomorrow, it can be you or me. There must be objective standards... If you don't give us reason, we will draw our own conclusions," the bench stated.
The bench made the statement after ASG Raju claimed privilege over the files pertaining to the grant of remission to the convicts and stated that governments are likely to seek review of the March 27 decision in which original files pertaining to the remission were sought.
"We are claiming privilege, those are my instructions. We may file review also," ASG said.
The Supreme Court was considering petitions from Bilkis Bano and others opposing the early release of 11 convicts.
The matter has now been posted for final disposal on May 2 and granted time till May 1 to the governments to decide if they wish to file review.
Also Read | California gurdwara shootings: 17 held for series of shootings within Sikh community in California
- ANI
