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“Gravity of offence should’ve been considered’: SC questions remission to Bilkis Bano convicts

The Supreme Court Tuesday asked the Gujarat government to share the reasons behind its decision to prematurely release the eleven Hindutva men who are the convicts in Bilkis Bano rape case.

While hearing a plea challenging the release of convicts, a bench comprising Justices KM Joseph and BV Nagarathna said that the gravity of offence should have been considered by the state government.

The top court observed that just because the Union government concurred with the state’s decision does not mean that the state is not required to apply its mind, reported Live Law.

“The question is whether government 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,” observed the bench.

The top court will now hear the matter on May 2, and will also take a decision on the review petition proposed to be filed by the Gujarat government.

The Union and the Gujarat government, meanwhile, told the Supreme Court of India that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts.

Bilkis was gang-raped and her three-year-old daughter was among 14 people killed by a Hindutva mob on March 3, 2002, in the Limkheda taluka of Gujarat’s Dahod district during the Gujarat genocide. The 11 convicts were released on August 15 last year.

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