NEW DELHI: Warning that the Gujarat government was on thin ice regarding the premature release of 11 convicts who gang-raped Bilkis Bano during the 2002 Godhra riots, the Supreme Court on Thursday sought to call out the state’s selective application of its remission policy.
While Gujarat submitted that the convicts were released after complying with the requirements of the state’s Premature Release Policy of 1992, a bench of justices B V Nagarathna and Ujjal Bhuyan asked why the government sought the Godhra district judge’s opinion instead of that of the Maharashtra sessions judge, who had sentenced them to rigorous life imprisonment in 2008.
The 1992 policy was applicable to prisoners who had completed 14 years of imprisonment. It also mandated the Inspector General of the Jail to obtain the opinion of the District Police Officer, District Magistrate, Jail Superintendent and Advisory Board Committee for early release.
The court also sought answers regarding the provision under which the Advisory Board Committee was formed and the date it was constituted.
Terming the crime heinous, the bench questioned the state’s selective approach to the remission policy.
“Why the policy of remission is applied selectively? Opportunity to reform and reintegrate must be given to every prisoner and not only a few prisoners. How far is remission policy being implemented in all cases where prisoners have completed 14 years in jail?” Justice Nagarathna asked.
“In this case, you are saying that there’s a specific mandamus. If none would have applied, what would’ve been the case? CBI will not straightaway step in. They will have to be referred...either by the court or by the government. So it’s a negative opinion in all cases. All said and done, it was investigated by CBI... You are on thin ice,” Justice Nagarathna added.
The hearing in the case will 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 communal riots that broke out after the Godhra train-burning incident.
Her three-year-old daughter was among the seven family members killed in the riots.
Heinous, but deserve chance to reform: Gujarat Additional Solicitor General S V Raju, appearing for the Gujarat government, said the crime committed by the 11 convicts was heinous but they deserve the chance of reformation.
