‘Horrendous’: SC on Bilkis Bano case, issues notice to Centre, Gujarat govt on plea against remission to convicts

The Supreme Court on Monday called Bilkis Bano’s gangrape and murder of her family members during the 2002 Godhra riots a “horrendous” act, asking the Gujarat government whether uniform standards were followed as in other cases of murder while granting remission to 11 convicts in the case.

A bench headed by Justice KM Joseph was hearing a batch of petitions challenging the Gujarat government’s decision to release the 11 convicts.

“We have before us many murder cases where convicts are languishing in jails for years without remission,” Justice Joseph said. “Is this a case where standards have been applied uniformly as in other cases too?”

The apex court said that the crime against Bano and her family was horrendous but at the same time, clarified that it would hear the case on the basis of law and not emotions.

“We are not going to be overwhelmed by emotions. That is the last thing we are going to do. Ultimately law and only law. We know what we are going to say is going to have an effect on the fate of prisoners. We have to maintain a balance between liberty proportionality etc", Justice Joseph said.

The court has directed the Gujarat government to present all the relevant documents on April 18, the next date of the hearing.

While Bano herself has filed one of the petitions, other petitions have been filed by Trinamool Congress MP Mahua Moitra, Communist Party of India (Marxist) leader Subhasini Ali, journalist and filmmaker Revati Laul as well as Professor Roop Rekha Varma.

Bano had moved the Supreme Court on November 30 last year challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.

Advocate Rishi Malhotra, representing the convicts, told the court on Monday court that they had spent 15-and-a-half years in jail. He added that under the remission policy applicable in the case, prisoners needed to have completed 14 years imprisonment to be considered for early release.

“No one raised a hue and cry when they were in jail,” Malhotra said. “And they served the entire sentence. Emotional plea is not a legal plea.”

Advocate Shobha Gupta, appearing for Bano, submitted that the State where the trial is held is to decide the remission application and Gujarat did not have jurisdiction to grant remission to the convicts. She also stated that the impact of the crime on society is to be taken into consideration while granting remission.

"The jurisdiction with the State here was Maharashtra and not Gujarat. Here please look at the impact of the crime on society," she said.

Advocate Vrinda Grover, appearing for one of the petitioners, said that the convicts had not paid a total fine of Rs 34,000 that had been imposed by the court. She added that the court had directed that if the convicts were to not pay the fine, they would have to serve a total of 34 years in prison.

“It is undisputed that fine is not paid and in default, there is 34 years sentence to be served,” Grover said according to Bar and Bench. “.. Then how has remission been granted at all?”

Grover said the Presiding Judge of the trial court in Mumbai where the case was transferred had categorically stated that this is not a fit case for remission. She said even the CBI also said that remission should not be given to convicts.

Grover contended that while on parole, one of the convicts, molested a woman which has been completely ignored by the authorities.

The court subsequently directed the lawyers representing all the parties in the case to complete their pleadings, or written statements presenting their case, by the next hearing. The bench also told the Gujarat government to be ready with files related to the remission order.

Bilkis Bano was 19 and five months pregnant when she was gangraped in a village near Ahmedabad on March 3, 2002, during the communal riots in Gujarat. Fourteen members of her family were also killed in the violence. Among the dead was her three-year-old daughter whose head was smashed against the ground by the attackers.

Eleven convicts in the case were released on August 15 from a Godhra jail after the Gujarat government approved their application under its remission policy.

This was after the Supreme Court held that the Gujarat government had the jurisdiction to decide on remission as the crime took place in that state. It overturned a verdict of the Gujarat High Court saying that the Maharashtra government had the authority to decide on remission, as the trial was held in Mumbai.