SC commences hearing rejoinder arguments against remission granted to convicts in Bilkis Bano case

New Delhi, Oct 11: The Supreme Court on Wednesday commenced hearing rejoinder arguments on behalf of the petitioners, including Bilkis Bano, against the early release of convicts by the Gujarat government.

A bench of Justices B.V. Nagarathna and Ujjal Bhuyan is undertaking final hearing in a batch of petitions filed against the remission granted to convicts in the case of the gang rape of Bilkis Bano and murder of her family members committed during the 2002 post-Godhra riots.

Advocate Shobha Gupta, appearing for Bano, stressed that the three vital factors – the nature of crime, impact on the society at large and the precedent value – were not not taken into account while passing the remission orders.

At this, the bench said that it will have to balance the both sides as convicts argue that they should be given a chance for their reformation and reintegration in the society.

“You are saying that remission should not be granted at all. They have also given judgment saying that remission is for the purpose of reformation, reintegration, etc.,” the top court told Gupta.

Gupta claimed that the early release orders were passed without any application of mind or referring to the gravity of the offence.

“It is not a gunshot injury case Milords ! Heads were smashed with stones. Eight minors were killed, including Bilkis Bano’s first child. She was smashed on a stone. This kind of threat, grossness, brutality, barbarism. A pregnant woman was gang-raped, her mother was gang raped,” she told the court, adding that a “gruesome” crime was committed.

Earlier, the convicts had argued before the apex court that remission orders granting them early release have an essence of judicial order and cannot be challenged by way of filing a writ petition under Article 32 of the Constitution.