Bilkis Bano case: SC asks for Centre, Gujarat govt response on remission of convicts

New Delhi: The Supreme Court on Thursday sought the Gujarat government’s response to a plea challenging the grant of remission of sentence to 11 convicts in the Bilkis Bano gang rape and murder of seven family members during the 2002 riots in the state. The apex court also issued notice to the Centre.

A bench comprising Chief Justice N.V. Ramana, Justices Ajay Rastogi and Vikram Nath asked the petitioner to implead 11 convicts who have been granted remission by the Gujarat government.

The court posted the matter for hearing after two weeks, asking the Gujarat government to respond to the petition against the grant of remission of sentence to 11 convicts.

In a brief order passed after the hearing in which Kapil Sibal appeared for three petitioners -- Communist Party of India (Marxist) member Subhashini Ali, journalist Revati Laul and social activist and professor Roop Rekha Verma -- the court said, "File your reply. We direct the 11 convicts to be impleaded in the case. List the matter after two weeks."

The three petitioners moved the top court, challenging the grant of remission of sentence to the convicts in such a heinous case.

The petitioners have sought the setting aside of the order granting remission to 11 convicts and their immediate re-arrest. The 11 convicts were released on August 15 pursuant to a remission of sentence granted to them.

The petition by three women activists says that the case which resulted in the conviction of the 11 convicts was investigated by the CBI. Therefore, the grant of remission solely by the Gujarat government without any consultation with the Central government is impermissible in terms of the mandate of Section 435 of the Code of Criminal Procedure, 1973.

The remission in this heinous case will be entirely against the public interest and will shock the collective public conscience. It will also be entirely against the interests of the victim, whose family has publicly expressed their worry and concern about her safety.

During the hearing, Justice Rastogi said that the question is whether the convicts are entitled to remission of sentence under the Gujarat rules relating to remission of sentence. And whether there was application of mind in this case while granting remission.

Mr Sibal said that this can be gone into by calling for the records relating to the grant of remission to 11 convicts.

Referring to the petition by the three petitioners, Chief Justice Ramana said that it appears you are suggesting that the court by its May 13 judgment had given permission for the release of 11 convicts. The CJI read the operative paragraph of the judgment to show that no such direction was passed in the case, which is sought to be highlighted by the petitioners.

The May 13 judgment of the top court, delivered by a bench comprising Justices Rastogi and Nath, had said that since the crime was committed in Gujarat, the accused were convicted after a trial was conducted in Mumbai, all other proceedings, including premature release, will be governed by the policy prevailing in Gujarat on the date the crime was committed.

The top court had earlier asked the Gujarat government to consider the application of the convict for premature release in terms of its July 9, 1992 policy that was in force in the state on the date of his conviction.

The top court judgment had come on a petition by one Radheshyam Bhagwandas Shah who was convicted for committing murder in 2004 in Dahod district and had approached the authorities for premature release. The trial in the case was conducted by session’s court in Mumbai.

Ms Bano was 21 and five months pregnant when she was gang-raped during the Gujarat riots in 2002. Seven members of her family were killed in the gruesome attack. Her three-year-old daughter was among the seven killed.