Bilkis Bano case: Law is supposed to be a noble profession, says SC on convict practising law

The remarks came as senior advocate Rishi Malhotra, appearing for convict Radheshyam Shah, said his client had served 15 years in prison and had now restarted his practice as a motor accidents claims lawyer.

Malhotra told the Bench presided by Justice B V Nagarathna that Shah participated in reform and correctional programmes while in prison and had received an appreciation certificate for his work. “A graduate before his conviction, he completed Master’s in arts, science, and rural development through open learning. He was also working in the jail office,” the senior counsel said and added that he also worked as a para legal volunteer in jail.

Malhotra said the underlying principle of remission is one of reform and rehabilitation so that a criminal may be reintegrated into society. “Today, almost one year has elapsed. There are no cases against him.”

To the Bench’s statement that law is supposed to be a noble profession, Malhotra said even Parliament is supposed to be noble, but Parliamentarians are convicted everyday.

Justice Bhuyan, however, said it is for the Bar Council to say whether a convicted person can be allowed to practise law.

Malhotra said if a convict is not given any chance to be reintegrated into society, he would remain secluded, like in a jail.

Bilkis Bano was gangraped and her three-year-old daughter was among 14 people killed by a mob on March 3, 2002 in Limkheda taluka of Gujarat’s Dahod district during riots. Bilkis was pregnant at the time. All 11 convicts in the case were granted remission by the Gujarat government and released on August 15, 2022.