Bilkis Bano
The Supreme Court’s relentless inquiry intensifies as the Gujarat government faces probing questions regarding the untimely release of convicts involved in the heinous crimes against Bilkis Bano and her family during the 2002 riots.
The court challenges the government’s rationale for the premature remission release, raising concerns of selective application.
The Gujarat government is under scrutiny in the Supreme Court as a series of petitions concerning the release of convicts involved in the brutal rape and murder of Bilkis Bano’s family during the 2002 riots are heard.
The judges express skepticism over the government’s decision to grant premature remission release, asserting that the government treads on “thin ice” in this matter.
Selective Release and Equal Opportunity for Reform:
The bench, composed of Justices BV Nagarathna and Ujjal Bhuyan, raises pivotal questions about the selective release of the convicts after serving 14 years in prison.
“The convicts death penalty was commuted to life imprisonment. How could they be released after serving 14 years in such a situation? Why are other prisoners not given the relief of release? Why were these culprits selectively given the benefit of the policy in this case?” asked the bench of Justices BV Nagarathna and Ujjal Bhuyan.
They even questioned the application of the reformative policy to other prisoners and the potential disparity.
“How far this rule — giving a chance to hardened criminals to reform — by releasing them after 14 years is being applied to other prisoners? Why is the policy being applied selectively? Opportunity to reform and reintegrate should be given to all. How far is this being implemented? Why are our prisons overflowing? Give us data,” the court said.
Scrutiny on Advisory Committees, Controversial Release and Judicial Procedures:
The court further delved into the composition of the Jail Advisory Committee specifically for the Bilkis Bano convicts and demanded the provision of comprehensive details, particularly why the opinion of the Godhra court was solicited when the trial was conducted elsewhere.
Eleven convicts were released on Independence Day last year by a Maharashtra court, despite the previous court’s guilty verdict and disapproval of their release.
The aim of the transfer of the case from Gujarat to Maharashtra was to ensure a fair trial due to the 2002 violence aftermath resulting in the death of 59 Kar Sevaks in the burning Sabarmati Express.
Government’s Defense and Policy Application:
In response to the court’s inquiries, Additional Solicitor General SV Raju representing the Gujarat government acknowledges the challenge of providing general answers.
He points to a pending Supreme Court case mandating states to provide comprehensive information. He asserts that the convicts’ release adhered to the law, following the 1992 policy due to their 2008 conviction.
Lingering Questions and Controversy:
The release of the convicts has stirred controversy due to its basis in an outdated policy and consultation with a panel connected to the ruling BJP.
Bilkis Bano’s lawyer Shobha Gupta contends that the Gujarat government’s decision was misguided and the Supreme Court’s order only pertained to the application of one convict.
Bilkis Bano’s petition will be heard on August 24.
As the legal battle unfolds over the contentious release of Bilkis Bano’s rapists, the Supreme Court meticulously scrutinizes the Gujarat government’s actions.
With questions revolving around the convict’s untimely release and the fairness of the process, the court remains steadfast in its commitment to justice and accountability.
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