The Supreme Court on Tuesday questioned the parole given to the 11 convicts of the Bilkis Bano case saying the gravity of the offence should have been considered by the state. "Apples cannot be compared with oranges, similarly massacre cannot be compared with single murder," the apex court made the comments during the hearing and posted the batch of pleas for final disposal on May 2. The Centre and Gujarat government told the Supreme Court that a plea may be filed for review of March 27 order asking for original files on remission to convicts in Bilkis Bano case.
The two-judge bench comprising Justices KM Joseph and BV Nagarathna made the observation that when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest, as per a report by Live Law.
"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," it said.
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The apex court reprimanded the Gujarat government saying just because the Central government has concurred with State's decision does not mean State is not required to apply its mind.
"The question is whether government applied its mind and what material formed the basis of its decision to grant remission," the bench said, adding, “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."
On March 27, sought repsonses from the Centre and and the Gujarat government on the petition filed by Bilkis Bano that challenged the remission given to 11 life offenders in the case of her gang rape and murder of her family members.
The top court had directed the Gujarat government to be prepared on April 18 with appropriate documentation providing remission to convicted.
On March 22, Chief Justice DY Chandrachud ordered that the case be listed urgently and consented to the formation of a fresh bench to hear the batch of petitions.
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On November 30, 2022, Bano filed a petition with the supreme court protesting the state government's "premature" release of 11 lifers, claiming it "shook the conscience of society."
She had filed a second petition seeking a review of the highest court's May 13, 2022, ruling on a plea by a convict in addition to the suit challenging the release of the convicts. In December of last year, the review request was subsequently rejected.
On August 15 of last year, the Gujarat government freed all 11 prisoners after granting them pardons. In her ongoing writ petition, the victim claims that the state government enacted a "mechanical order" that utterly disregarded the Supreme Court-established legal requirements.