'Send The Convicts Back To Jail, I'm Beseeching This Court; They Don't Deserve Mercy' : Bilkis Bano's Lawyer Tells Supreme Court

Bilkis Bano's lawyer told the Supreme Court on Wednesday that her rapists were treated with 'kid gloves' and favoured by the Gujarat government despite the gruesome and barbaric nature of the crime they committed.A bench of Justices BV Nagarathna and Ujjal Bhuyan was hearing a clutch of pleas against the decision of the Gujarat government to grant remission to the 11 convicts who had been sentenced to life imprisonment for multiple murders and violent sexual assault during the 2002 communal riots in Gujarat. Last year, on Independence Day, the convicts were allowed to walk free after their application for remission of the sentence was approved by the Gujarat government.The court today began hearing the petitioners' rebuttal to the respondents' arguments. Advocate Shobha Gupta, appearing for Bilkis, rejected the contention that the convicts' premature release was legal inasmuch as it had been granted in accordance with the relevant remission policy and after considering all relevant factors, pointing to the factors outlined by the Supreme Court in a catena of cases. The factors vital to the consideration, she said, include the nature of crime, its impact on the society at large, and the precedence value it sets. "There are not even whispers about these three vital factors stated by the Supreme Court in the consideration," Gupta argued.Justice Nagarathna, however, pointed out that the opposing counsel had provided a compilation of judgments that highlighted the theory of reformation. "They have given us judgments in which it is said that a man should be given a chance to reform and be reintegrated into society. So we have to balance the interests of both sides.""It's not a gunshot injury or a simple murder case," Gupta countered even as she accepted the principle of remission, before graphically describing the crimes committed by the 11 convicts -"Eight minors killed, including Bilkis' three-and-a-half-year-old child, whose head was smashed into a rock. A pregnant woman was gang-raped. A woman who had recently delivered a child was raped and murdered. 14 counts of murder in total. It's heartwrenching to read about the condition in which the bodies were discovered, which the high court has detailed. These crimes were brutal, barbaric, and gruesome. Convicts have a right to be considered for remission on completion of a certain period of sentence. My issue here is the factors that the government has neglected to consider. This is not a case in which remission should be granted. What would be the impact on society if people like these come out or what precedence value would it set? Considerations at the time of conviction cannot be completely ignored."Referring to a coordinate bench's furious rebuke over the Gujarat government's delay in deciding remission applications despite the court's earlier orders, Gupta said, "The court asked the Gujarat government why it was not disposing of the applications despite its instructions. So, it's not that in all cases the Gujarat government allows the applications liberally and without opposition. But here they have done that, despite the nature of the crimes."To illustrate her contention about differential treatments and outcomes, Gupta also stressed that the convicts in the Bilkis Bano case were liberally released on parole and furlough. She told the bench, "The convicts were treated with kid gloves. They got favoured treatment throughout. They were a privileged lot. The relevant factors were not examined when considering their request for remission. They were mostly out on furlough or parole after the completion of 14 years - coming out and going back. They were not like other convicts and prisoners."Gupta also pointed out that the two constitutional courts - the Bombay High Court and the Supreme Court - have taken judicial notice of the 'shocking' nature of the crime. "'A rare massacre manifesting ugly animosity and hostility' is what the high court called the incident. The Supreme Court, while directing compensation to be paid to Bilkis, observed that this case would have to be dealt with differently as the loss and suffering surpass normal cases," the counsel said. Once again, she insisted that the crimes were not committed in the spur of the moment, but as part of a vengeful machination to hunt down and kill Muslims. "Bilkis and the others were miles away from their village, constantly moving from place to place during the riots. The convicts were bloodthirsty and were searching for them. It's not a spur-of-the-moment incident."This barbaric crime has left an indelible mark on Bilkis, Gupta exclaimed. "Therefore," she added, "This is not a case where the convicts deserve mercy. They should be sent back. I'm beseeching this court with folded hands to send them back where they have come from."Apart from this, Gupta also disagreed with the respondents' contention regarding the maintainability of the current batch of petitions, pointing out, among other things that a...

'Send The Convicts Back To Jail, I'm Beseeching This Court; They Don't Deserve Mercy' : Bilkis Bano's Lawyer Tells Supreme Court

Awstika Das

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