Centre, Gujarat claim privilege on Bilkis Bano case convicts' remission files

Centre, Gujarat govt tell SC they may seek review of order on production of remission files of convicts

The central and Gujarat governments on Tuesday, claimed privilege before the Supreme Court over the files related to grant of remission to 11 convicts in the Bilkis Bano case.

They said they are likely to seek review of the court’s order to explain the reasons behind its decision to allow release of the life term convicts on remission in the case related to gang rape of the woman and killings of her family members.

A bench of Justices K M Joseph and B V Nagarathna, however, said that when the crime in question was "heinous" and "horrendous", it is imperative for the state government to show the application of mind.

Read | Gujarat government's reply in Bilkis Bano case very bulky: SC

"Why fight shy and not show the remission files to the court," the bench asked the state government counsel.

"The question is whether government applied its mind, what material formed the basis of its decision, even though there was an order requiring convicts to be in jail for rest of their natural life, yet they were released by executive order," the bench said.

"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," the bench told the counsel.

Additional Solicitor General S V Raju, representing Centre, submitted that the files came to him on Tuesday.

"Let me look at the file and I will come back next week,” he said.

The bench then told Raju, “You have done a perfectly legal thing, nothing to fear…..the grant of remission in ordinary cases will not be subjected to judicial review”.

Raju said "My instructions are, we are claiming privilege and asking for a review”.

The bench, however, told him “You will be on a better footing if you show the files to us”.

Raju insisted that his instructions are different and therefore he has to follow it.

The bench said it has not stopped the government from filing for the review.

Read | Bilkis Bano case convicts’ release: Two had open ‘outraging woman’s modesty case’, one missed parole

The bench also asked in the absence of files, what will be the basis of the arguments of the government’s counsel.

The bench also observed that a pregnant woman was gang-raped and several people were killed and the case cannot be compared with standard Section 302 (murder) IPC cases.

“Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally," the bench said.

Advocate Shobha Gupta, representing Bilkis Bano, said the state of Gujarat has already filed most of the documents in the court in the counter affidavit.

The bench said the question is whether government applied its mind, what material formed the basis of its decision, etc.

During the hearing, the bench also noted that virtually three years parole was granted to the convicts while they were serving the sentence.

It also noted that more than 1,000 days parole was granted to each of them; one convict got 1,500 days parole.

"What policy have you been following," the bench asked.

The court fixed the matter for further hearing on May 2 on the pleas filed by Bilkis Bano and others including former CPM MP Subhashini Ali, challenging premature release of the convicts.