Why Selective Remission Only To Bilkis Bano Convicts: SC asks Guj Govt

The Supreme Court on Thursday questioned the Gujarat Government over the selective remission policy for 11 life-term convicts in connection with Bilkis Bano's gang rape case. The top Court asked why the remission policy was implemented selectively and why many similarly-placed prisoners continued to languish in jail.

The Gujarat Court tried to justify the argument by saying that they did not commit "rarest of rare crime" and should be given a chance to reform and reintegrate into society.

A bench of B V Nagarathna and Ujjal Bhuyan asked some tough questions to the state government as Additional Solicitor General S V Raju tried to justify the remission as per law and rules. The bench said the opportunity to reform must be given to all and not a few.

Justifying his answer, Additional Solicitor General S V Raju said Bilkis was 21 years old and five months pregnant when she was gang-raped during the Gujarat riots. Her three-year-old daughter was one among the seven family members who were killed in the riots.

Raju submitted that the crime, though heinous, should not be dangling over the convicts' heads and they should be permitted to reintegrate into society after having spent 14 years in jail. "Law doesn't say that everybody should be punished and be hanged but it says that chance be given to people to reform.

But the court appeared unimpressed. "Why then is the policy of remission applied selectively?" the bench, comprising justices BV Nagarathna and Ujjal Bhuyan, asked.

"Why are our jails overcrowded?... Opportunity to reform and reintegrate must be given to every prisoner not only to few prisoners. But how far is remission policy being implemented where the convicts have completed 14 years? Is it being applied in all cases?" the bench further added.