 "Bilkis Bano case: Supreme Court demands Gujarat govt to give reasons for releasing convicts")
synopsis
The top court also said that every action should be for public good, adding that the release of these convicts is a crime against a community and society. The top court also questioned the parole given between 1000-1500 days and asked if the same if available for normal citizens.
The Supreme Court on Tuesday (April 18) called on the Gujarat government for ordering the premature release of the 11 convicts in the Bilkis Bano rape case. The bench comprising Justices KM Joseph and BV Nagarathna said when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest.
The Supreme Court also said that just because the Centre has concurred with state's decision does not mean state is not required to apply its mind.
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"The question is whether govt applied its mind, what material formed the basis of its decision, etc... (Judicial) order requiring convicts to be in jail for rest of their natural life...(they were) released by executive order...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," Justice Joseph observed.
"How can you compare apples with oranges? How can you compare the murder of a single person with mass murder of multiple persons?," the apex court said while hearing the pleas challenging premature release of the convicts.
The top court also said that every action should be for public good, adding that the release of these convicts is a crime against a community and society. The top court also questioned the parole given between 1000-1500 days and asked if the same if available for normal citizens.
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The Gujarat government will also file a review petition against order to produce remission files. The state government said it will not produce files. On March 27, the Supreme Court had issued a notice to Centre and Gujarat government on a plea filed by Bilkis Bano challenging the remission of the sentence of 11 convicts in the gang-rape case.
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