From Our Bureau
NEW DELHI: The Supreme Court on Tuesday pulled up the Gujarat Government for the premature release of 11 Bilkis Bano rape convicts, noting that the massacre can’t be compared with a single murder as ot was a crime against a society.
The bench comprising Justices KM Joseph and BV Nagarathna said when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest.
“The question is whether govt applied its mind, what material formed the basis of its decision, etc…(Judicial) order requiring convicts to be in jail for rest of their natural life…(they were) released by executive order…Today it is this lady (Bilkis). Tomorrow, it can be you or me. There must be objective standards…If you don’t give us reason, we will draw our own conclusions,” Justice Joseph observed.
“How can you compare apples with oranges? How can you compare the murder of a single person with mass murder of multiple persons?,” the apex court said today while hearing the pleas challenging premature release of the convicts, including that filed by the victim herself.
The Supreme Court said that every action should be for public good, adding that the release of these convicts is a crime against a community and society. The top court also questioned the parole given between 1000-1500 days and asked if the same if available for normal citizens.
“The law has been laid down in Venkata Reddy’s case whose remission on account of him being a ‘good Congressman’ was set aside. Very high yardstick, even though power exists. Reasons must also be given,” Justice Joseph told the respondents, asking them to produce the files.
The bench has now listed the matter on Monday, April 24, when it will also take a decision on review petition proposed to be filed by the government against court’s order dated March 27. It fixed the final hearing on May 2.
“We will take a call on whether to file one by Monday,” ASG SV Raju appearing for both Centre and Gujarat government told the bench.
Besides Bilkis, social activist Subhashini Ali and Trinamul Congress Mahua Moitra has sought cancellation of the release of the 11 convicts.
Riots had broken out in 2002 after a fire in a coach of the Sabarmati Express at Godhra while returning from Ayodhya. Bilkis, who was pregnant, was gangraped and seven members of her family were killed. In 2008, all 11 convicts were sentenced to life, but they were released on August 15 last year, which is under challenge in the top court.
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