February 22, 2025

Centre Acted Against Its Own Advisory In Allowing The Release Of Bilkis Bano Case Convicts

By Our Editorial Team
First publised on 2022-10-19 06:49:29

About the Author

The India Commentary view

View all posts by this Author

When the Centre had issued an advisory to the states for release of convicts on compassionate grounds which met legal approval on the occasion of India completing 75 years of Independence, it had expressly prohibited releasing those convicted of terror, murder, rape and other crimes against women. Yet, the Gujarat government, on the recommendation of a controversial panel, had released 11 men convicted of the most ghastly crime of gangraping Bilkis Bano and murdering 14 members of her family including her 3-year old daughter. The incident was a prime example of a "rarest of rare crime" committed in cold blood. The convicts were lucky to escape death punishment for gangrape and mass murder. Their release had kicked up a huge row and the entire blame was put on the Jail Advisory Committee and the Gujarat government.

But now, the state government has informed the Supreme Court that the Centre had given its nod for the release of the said convicts. This is absolutely shocking. How could the Centre go against its own advisory, that too in such a high profile case, and allow the release of those convicted for such a ghastly crime? Did it, and the Gujarat government, not realize that in doing so they were sending out the worst signals?

The Bilkis Bano case had a bumpy ride and the victim got justice only after the Supreme Court intervened and transferred the case out of Gujarat (to Maharashtra). It required a lot of courage on part of those who deposed in court to bring justice to the victim. Now if the convicts are let off after 14 years, ostensibly for 'good' conduct in jail, it is a travesty of justice. The law definitely allows remission of sentences on compassionate grounds but it needs to be changed to make exceptions in cases like the one in question. Those in power must apply their minds with utmost appropriateness in such matters as the discretion allowed to them is not to be used in such casual and cavalier manner.