Bilkis Bano case: Some convicts are more privileged, says SC

New Delhi, September 14

There are some convicts who are “more privileged”, the Supreme Court said on Thursday while hearing Bilkis Bano’s petition challenging the premature release of 11 men convicted of raping her and killing seven of her family members during the 2002 post-Godhra Gujarat riots.

“There are some convicts who are more privileged in getting these benefits,” a Bench OF Justice BV Nagarathna and Justice Ujjal Bhuyan told senior counsel Siddharth Luthra, who represented convict Ramesh Rupabhai Chandana.

The court’s comments came after Luthra submitted that the grant of remission for reformation and rehabilitation of the convicts was a “settled position internationally” and the argument of Bilkis Bano and others that he cannot be granted remission due to heinous nature of the crime can’t be invoked now after the state government has already taken the decision regarding a convict who has spent 15 years in jail.

“We understand the concept of remission. This is well-accepted. But here, they (victim and others) are questioning this in the present case,” the Bench told Luthra. It asked him to assist it by providing judgements delivered on petitions challenging remission as usually cases were filed against denial of such relief.

“The other side says retribution or deterrence and nothing less. That, in my opinion, is not an argument that can be made at this stage… the grant of remission cannot be approached through a punitive attitude. This is not in line with the policy of Indian law,” Luthra told the Bench which will resume hearing on September 20.

The Gujarat Government has defended the premature release of 11 men convicted of raping Bilkis Bano and killing her family members during the 2002 riots, saying convicts were entitled to reformation.

Bilkis Bano, pregnant at the time of crime, was gang-raped and her three-year-old daughter Saleha and 13 others were killed by a mob on March 3, 2002 in Dahod during violence that broke out in Gujarat after the Sabarmati Express was attacked in Godhra and 59 ‘kar sevaks’, were burnt to death.

The 11 convicts prematurely released were Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana. They were released on August 15, 2022 due to completion of 15 years in prison, besides their age and behaviour during incarceration, it was said.

Besides the petition filed by Bilkis Bano contesting the remission granted to them, several other PILs including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma have challenged the remission. TMC MP Mahua Moitra has also filed a PIL against the remission.

Earlier, the Bench had questioned Chandana for depositing the fine imposed on him while the hearing on the pleas challenging his remission was going on.

On August 17, it had said state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should be given to every prisoner, as it told the Gujarat government which defended its decision of premature release of all 11 convicts.