‘Why Is Remission Policy Being Selectively Applied to Bilkis Bano rapists?’ SC Asks Gujarat Government

The Supreme Court on Thursday has questioned the Gujarat Government over the premature release of the 11 criminals, convicted of raping Bilkis Bano and killing her family members during the 2002 riots. The Supreme Court Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan was listening to multiple petitions challenging the Gujarat Government’s decision to release the 11 convicts in 2022. The 11 convicts were released on Independence Day last year. They were sentenced by a court in Maharashtra. Interestingly their remission came months ahead of Gujarat assembly polls.

“Why is the policy of remission being applied selectively and how far is this law being applied to inmates in jail? Why are our jails overcrowded? Particularly with undertrials? Opportunity to reform and reintegrate should be given to all. Why is the policy of remission being applied selectively?”, Justice BV Nagarathna asked. The court has also asked for the date from the Additional Solicitor-General SV Raju, appearing on behalf of the state government with regards to the same.

While the ASG couldn’t furnish the data of whether same rule of remission was applied to others but he on behalf of Gujarat Giovcernemnt submitted that everyone deserves a chance of reformation.

“Does committing a heinous crime debar a convict from getting its benefit, even if the convict has reformed themselves, has displayed remorse and wants to start a new life again? Should the past always be dangling above your head? Should these convicts be condemned for all times to come? These are the questions.” asked ASG SV Raju.

Supreme Court has also asked the state government to provide a response as on what basis the Jail Advisory Committee was formed for Bilkis Bano convicts, and why the opinion of the Godhra court was sought while the trial was not conducted there, had happened in Maharastra instead. Interestingly The Gujarat Government was given a negative response by the the judge from Maharastra who found them guilty, yet they were released.

The members of the panel that took the call to give remission to the 11 convicts had justified their decision by calling them ‘Sanskari Brahmins” who have already served 14 years in prison.

"The convicts' death penalty was commuted to life imprisonment. How could they be released after serving 14 years in such a situation? Why are other prisoners not given the relief of release? Why were these culprits selectively given the benefit of the policy in this case?" Asked the Supreme Court bench on Thursday. The matter will be heard on August 24 again.