Bilkis Bano gang-rape case: SC asks Centre, Gujarat to place record related to remission granted to convicts

The Supreme Court on Thursday asked the Gujarat and central governments to produce the original records, as it reserved its judgement on a plea challenging the remission granted to convicts in the Bilkis Bano gang rape and murder of family members during Gujarat riots in 2002.

A bench of Justices B V Nagarathna and Ujjal Bhuyan wrapped up the hearing of the petitions after the rejoinder arguments by various petitioners.

"We have heard senior counsel and counsel for petitioners insofar as reply arguments are concerned. We have asked counsel for the Gujarat government to submit original records” the bench said.

The bench noted that since the original records are in Gujarati and therefore, English translations would be filed along with the original records by Monday.

It also asked the Union government to submit original records on Monday.

During the hearing, senior advocate Indira Jaising, representing one of the petitioners, argued that both reformation and deterrence principles have to be kept in mind during remission.

Advocate Vrinda Grover, representing a petitioner, pointed out that convicts were also not paying fines imposed for default in undergoing their sentences.

The bench asked the counsel to address the court on how to balance the convicts' right to reform with the nature of their crimes.

"This case is about two extremes, let us assume remission was bad in law - how to balance the nature of the crime with their right to reform? Are you saying such accused have no right to reformation,” the bench asked.

Petitioners’ counsel stressed that the accused would have to go back to prison if any illegality is found in the government's decision to allow the remission of their sentence.

A counsel contended that the state and central governments had acted in a manner that was arbitrary, malafide, and partisan.

It was argued before the court that the release was illegal and the criminal justice system is not vindictive but it does not mean you can get away with anything without demonstrating you have reformed.

Besides the petition filed by Bilkis Bano, 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 relief granted to the convicts last year. TMC MP Mahua Moitra has also filed a PIL against the remission granted to the convicts.