New Delhi: The Supreme Court on Tuesday questioned the premature release of convicts in the Bilkis Bano rape case.
A bench of Justices K M Joseph and B V Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and observed that the gravity of the offence could have been considered by the state, reported PTI.
“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,” the apex court said.
“The question is whether government applied its mind and what material formed the basis of its decision to grant 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 two-judge bench added.
Their scathing remarks came on a day when the Centre and Gujarat government told the top 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.
Last month, Supreme Court termed Bilkis’ gang rape and murder of her family members during the 2002 Godhra riots as a ‘horrendous’ act, and asked the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts.
The court sought a response from the Centre, Gujarat government and others on a petition filed by Bilkis against the release of convicts.
The convicts, who were sentenced to life imprisonment, walked out of jail on August 15 last year after being in jail for just 14 years.
The Supreme Court posted the batch of petitions challenging remission to the convicts for final disposal on May 2.
The court also asked all convicts who have not been served notices to file their replies. The bench also directed the Centre and Gujarat government to make its stand clear about filing of a review plea.
