Today, the Supreme Court of India inquired the Gujarat Government regarding the reasons behind allowing the premature release of 11 convicts in the Bilkis Bano case. The bench hearing the case opined that in such a heinous crime that affects society at a large scale, the decision by the government should be taken considering the public interests. The bench hearing Bilkis Bano case today was Justices BV Nagarathna and KM Joseph. While hearing the matter, Justice Joseph said, “The question is whether the government applied its mind, what material formed the basis of its decision, etc…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 Bano), 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 plea filed by
Bilkis Bano regarding the premature release of convicts on March 27 this
year and other similar pleas were addressed today by the Supreme Court.
In this context, the bench stated that “The law has been laid down in
Venkata Reddy’s case whose remission on account of him being a ‘good
congressman’ was set aside. Very high Yardstick, even though power
exists. Reasons must also be given,” and ask them to produce the files.
Further, Additional Solicitor General SV Raju, appearing for both
Gujarat and Centre Government said, “We will take a call on whether to
file one by Monday.” The matter was then listed for hearing on May 2,
2023.
During the hearing, an urge
to the bench was made by the convict’s counsel to adjourn the hearing
but the same was opposed by the Senior Advocate AM Singhvi. In relation
to this, the bench stated that “Every time there is a hearing, one
accused will come to this court and seek adjournment. Four weeks later,
another accused will do the same and this will go on till December. We
are aware of this strategy as well.” Also, the judge illustrated that
mass murder and rape offences cannot be compared with simple murder. To
which Advocate appearing for respondents, Siddharth Luthra said, “Your
Lordships have said this is a grave offence, and I appreciate that…But
we are also dealing with men who have been in custody for 15 years…”
Justice Joseph then submitted that “Have they been in custody for 15
years? More than 100 days of parole…”
On
August 15, 2022, the eleven convicts were released after the State
Government allowed remission applications. While the Supreme Court
ordered to clarify the reason for releasing the convicts, the State
Government (Gujarat) in an affidavit told the top court that considering
the good behavior of the convicts and after the completion of 14 year's
sentence, the decision was taken (approval from central government).
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