New Delhi, April 18 (). The Center and the Gujarat government on Tuesday claimed before the Supreme Court that the files regarding immunity granted to 11 convicts in the Bilkis Bano case are privileged and said they can seek review of the court’s judgement.
The apex court, however, insisted that the offense under consideration was heinous and it was imperative for the Gujarat government to use common sense in allowing the premature release of the 11 convicts.
Justice K.M. Joseph and B.V. Nagaratna also observed that a pregnant woman was gang-raped and several people were killed and the case cannot be compared with standard Section 302 (murder) cases.
The bench said, just like you cannot compare apples with oranges, similarly a massacre cannot be compared with a murder. Crimes are generally committed against the society and community. Unequal people cannot be treated equally.
It said that the court is interested to see what powers were exercised legally and if you do not tell us the reasons for the same, the court is free to draw conclusions.
Representing the Centre, Additional Solicitor General S.V. Raju said that the files came to him only on Tuesday. Let me see the file and I will come back to it next week, he said.
To this Justice Joseph told Raju: You have done a completely legal thing, there is nothing to fear.. Grant of exemption in normal cases will not be subject to judicial review.
He said, today it is the woman (Bilkis). Tomorrow, it could be you or me. Then what standards will you apply.. Objective standards are set. What is the problem in showing it (files related to the release of 11 convicts) today?.. We had already said, bring the files the next day, what is the difficulty? Why the legal battle shame?
Raju said: My instructions are, we are claiming privilege and asking for review.
Then Justice Nagaratna said: You will be in a better position if you show us the files. To this Raju insisted that his instructions were different and hence he would have to follow them.
The bench said it has not stopped the government from filing a petition for review and asked whether lawyers would be able to argue with the files in the absence of files. Raju said: In the beginning I said that the arguments are not complete and sought some time to file the review petition.
Justice Nagaratna said that in the absence of files, what would be the basis of the arguments of the government’s counsel.
Advocate Shobha Gupta, representing Bilkis Bano, said that the Gujarat state government has already filed most of the documents in the court in its counter affidavit.
Justice Joseph then told Raju: We do not want to stand in your way of filing the review petition.
The question is whether the government applied its mind, what material formed the basis of its decision, the bench said.
During the hearing, the bench also examined the record of the case and noted that the convicts were granted parole for 3 years while serving the sentence. It was noted that each of them was given parole of more than 1,000 days, one convict got 1,500 days parole and asked: What policy are you following?
After a detailed hearing in the matter, the apex court posted the matter for further hearing on May 2, but emphasized that the offense under consideration was gruesome and it was imperative for the Gujarat government to prematurely execute the 11 convicts. Use the mind to allow release.
SGK/ANM
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