Gujarat government says Bilkis Bano case not rarest of rare, Supreme Court questions selective remission.

NEW DELHI: The Centre and the Gujarat government on Thursday justified the decision to allow premature release of 11 convicts in the Bilkis Bano case by arguing that they did not commit “rarest of rare crime” and should be given a chance to reform and reintegrate into society. The Supreme Court asked why the remission policy was implemented selectively and why many similarly-placed prisoners continued to languish in jail.

Countering the contentions of Bilkis Bano and other petitioners against remission for the convicts, additional solicitor general SV Raju, appearing for the central and state governments, told a bench of Justices BV Nagarathna and Ujjal Bhuyan that the offence committed by them was not in the rarest of rare category as they were not awarded death sentence and, instead, were given life imprisonment.

Bilkis was 21 years old and five months pregnant when she was gang-raped during the communal riots following the Godhra train-burning incident. Her three-year-old daughter was among seven family members killed in the riots.

Raju submitted that the crime, though heinous, should not be dangling over the convicts’ heads and they should be permitted to reintegrate into society after having spent more than 14 years in jail. “Law does not say that everybody be punished and be hanged but it says that chance be given to people to reform,” he added.

The bench agreed with the submission on taking a reformative approach. However, it highlighted the selective implementation of the remission policy and stressed equal opportunities for reformation.

“Why is the policy of remission being applied selectively? The opportunity to reform and reintegrate should be given to all prisoners but only a few of them are given it. Question is whether the remission policy is being implemented when prisoners are eligible. It should not be en masse, but for those who are eligible for it and for life sentence convicts after 14 years in jail,” the bench said.

The ASG said the decision on their release was taken on the direction of the SC which had in May last year held that it was the Gujarat government, and not the Centre, which had jurisdiction to decide their remission pleas. He said the court’s order last year was binding on it and while the bench may not agree with that, its effect could not be reversed now.

Opinion of trial judge in Godhra, local cops should carry more weight: ASG

Gujarat had revised its policy in 2014 under which the power to grant remission would be with the Centre in cases investigated and prosecuted by central agencies. The SC had ruled against it and said the power would remain with the state where the offence was committed.

As the Bilkis case was tried in Maharashtra, another question arose on which state would have jurisdiction to decide remission for the 11 convicts. The matter reached the Gujarat HC which said Maharashtra would have jurisdiction since the trial was held there. However, the SC ruled that Gujarat would decide the matter as the offence was committed in the state. Urging the court not to give credence to the opinion of the CBI and the trial court which opposed remission for the convicts, the ASG said the trial court in Maharashtra (the trial was transferred there) and the CBI officer sitting in Mumbai were not aware of the ground situation. “It is the opinion of the trial judge in Godhra and the local police that should carry more weight,” he said.

The apex court has earlier too highlighted the discriminatory implementation of remission policy after noting that more than 2,200 lifers were languishing in different jails in Uttar Pradesh despite spending more than 14 years behind bars.

Challenging the state’s decision to grant remission to the convicts, the petitioners said it was done without giving any reason and despite written objection by a special CBI judge and the CBI SP who conducted the probe.

A batch of petitions was filed in the apex court by social activists and politicians soon after all 11 convicts were granted remission and released on August 15 last year. Bano herself moved the apex court in November.

CPM leader Subhashini Ali, independent journalist Revati Laul, former vice-chancellor of Lucknow University Roop Rekha Verma and TMC MP Mahua Moitra are some of the petitioners who moved the SC against the remission.