"Gravity Of Offence Should Have Been Considered," SC Questions Gujarat On Bilkis Bano Case

During a hearing on the Bilkis Bano case today, the Supreme Court asked the Gujarat government to explain the reason behind its decision to allow the premature release of 11 convicts sentenced to life in prison.

The two-judge bench, comprised of Justices K.M. Joseph and B.V. Nagarathna, was hearing the petition challenging the premature release of the convicts, including the one that survivor Bilkis Bano herself had filed. The bench said that the "gravity of the offence" should have been considered by the state government.

SC Inquires Gujarat On Bilkis Bano Case

The bench observed that when remission is considered for such heinous crimes, it affects society at large. It also added that the power must be exercised while keeping the public’s interest in mind.

The bench further noted that just because the centre has concurred with the state’s decision does not mean that the state is not required to use its own mind.

The bench will now hear the matter on May 2nd and take a decision to review the petition proposed to be filed by the Gujarat government.

"The question is whether the government applied its mind, what material formed the basis of its decision, etc…(Judicial) order requiring convicts to be in jail for the rest of their natural life… (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 a reason, we will draw our own conclusions," the bench observed.

The court also added, "Apples cannot be compared with oranges," while pointing out that a massacre cannot be compared with a murder.

During the 75th independence day last year, the Gujarat government released the 11 convicts who were sentenced to life imprisonment in the Bilkis Bano case. These men ruthlessly gang-raped a pregnant woman and killed seven of her family members, including her 3-year-old daughter, during the Gujarat riots of 2002. Despite the heinous nature of the crime, the Gujarat government set them free under an obsolete remission policy.

Suggested Reading: ‘Won’t Get Emotional, Need To Strike Balance: Supreme Court On Bilkis Bano Remission Case