Bilkis Bano case: Supreme Court issues notice to Gujarat

Bilkis was gangraped and her three-year-old daughter Saleha was among 14 people killed by a mob on March 3, 2002, in Limkheda taluka of Dahod district, during the Gujarat riots. Bilkis was pregnant at the time.

On August 15, the Gujarat government released all the 11 convicts in the case, who had been sentenced to life imprisonment in 2008, citing a “unanimous” recommendation of the  Jail Advisory Committee (JAC) to grant them remission on grounds of “good behaviour”.

The court said the question is whether there was application of mind while considering the issue of remission and whether it was within the parameters of law. The bench was hearing a plea filed by CPI(M) leader Subhashini Ali, journalist Revati Laul and academician Roop Rekha Verma.

The counsel for the Gujarat government argued that the three women petitioners “are strangers” to the case and have no standing before the court. While the SC did not agree with this, Justice Rastogi asked the petitioners’ lawyer, Kapil Sibal, why an exception must be made from granting remission in this case. “Day in and day out, remission is granted to convicts serving life sentences. What is the exception (in this case),” he asked.

As Sibal narrated the facts of the case, Justice Rastogi asked: “Merely because the act was horrific, is that sufficient to say remission must not be granted?”

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During the hearing, CJI Ramana also clarified that the SC did not “allow remission” of convicts.

In May, following a petition filed by one of the convicts, Radheysham Shah, the SC bench of Justices Rastogi and Nath had ruled that although the trial in the Bilkis case took place in Maharashtra, the Gujarat government would be the appropriate authority to grant remission to the 11 convicts based on a 1992 policy that allows early release of life-term convicts.

In 2004, citing “exceptional circumstances”, the SC had shifted the trial from Gujarat to Mumbai.