Bilkis Bano Case: States Should Not Be Selective In Granting Remissions To Convicts, SC Tells Guj Govt

SC observed that state governments can't be selective while granting remission to convicts as Gujarat government defended its decision on premature release of Bilkis Bano gang rape convicts.

The Supreme Court on Thursday said the State governments can’t be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should be given to every prisoner as the Gujarat government defended its decision of premature release of all 11 convicts in the 2002 Bilkis Bano gang-rape case. The observation by the apex court came in response to the submission by the Gujarat government that law says a chance must be given to even the hardened criminals to reform themselves, reported PTI. 

Appearing for the Gujarat government, Additional Solicitor General (ASG) S V Raju submitted that the crime committed by the 11 convicts was “heinous” but contested it falling under the rarest of the rare case. 

"Therefore, they deserve the chance of reformation. Person may have committed the offence...Something may have gone wrong in a particular moment. Later, he can always realise the consequences.

"This can largely be determined from their conduct in jail, when released on parole, or furlough. All these show they have realised what they had done is wrong. Law is not that everyone should be punished perpetually. Chance should be given for reformation," Raju said, as per the report. 

Responding to the submission, a bench of Justices BV Nagarathna and Ujjal Bhuyan said they wanted to know how far the law is being applied to other inmates in jail.

"Why are our jails overcrowded? Why is the policy of remission being applied selectively? "Opportunity to reform and reintegrate must be given to every prisoner, not only to a few prisoners. But how far is remission policy being implemented where the convicts have completed 14 years? Is it being applied in all cases?" the bench asked Raju.

The hearing in the case will now resume on August 24. 

Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the horror of the 2002 communal riots that broke out after the Godhra train-burning incident in Gujarat. Her three-year-old daughter was among the seven family members killed in the riots.