The Supreme Court on Tuesday said the Gujarat government should give reasons behind its decision to allow the premature release of 11 life-term convicts in the Bilkis Bano gang-rape case. The court observed that when remission is considered in such heinous crimes, the power must be exercised keeping in mind the public interest.
"The question is whether government applied its mind and what material formed the basis of its decision to grant remission," said a bench of Justices K.M. Joseph and B.V. Nagarathna, while hearing a batch of petitions challenging the remission.
“Today it is Bilkis, but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions."
The court said even though the central government has concurred with state's decision, it does not mean the state is not required to apply its mind.
"A pregnant woman was gang-raped and several people were killed. You cannot compare victim's case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally,” said the top court.
The bench posted the matter for final disposal on May 2 and asked all the convicts who have not been served notices to file their replies.
'Centre, Gujarat may file review plea'
Meanwhile, the Centre and the Gujarat government told the apex court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts.
In its order, the court had asked the state government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts. It had sought a response from the Centre and others on a plea filed by Bilkis Bano
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out in Gujarat in 2002 after the Godhra train burning incident. Seven of her family members, including her three-year-old daughter, were killed in the riots.
All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
