Although the Centre and Gujarat governments were under the impression that the matter may have been done and dusted, the decision of granting remission to the 11 convicts looks like it will end up with both the governments getting into trouble.
Just because the government has rights does not mean it can misuse them. Their decisions must have a reason which can be legally supported and there was none in this remission case. Good conduct in prison was the sole reason given behind the release of the convicts who were sentenced to life-imprisonment. However, the gravity of the crime was not taken into consideration while taking the decision to grant remission. As expected, there was criticism from the section of the society who respect the law. The Supreme Court has lashed out at the Gujarat and Central government. It stated: “A pregnant woman was gangraped and her family was murdered. You cannot compare this case with a standard murder case. Today it is Bilkis Bano and tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions.”
The Apex court had sought files on the remission of the 11 convicts, but the government citing ‘privilege’ had said that it does not want to produce the same. This means the government is trying to hide the exact reasons behind their decision. What difficulty did the government have in presenting the files in the court? If everything was done lawfully, then why is the government playing hide- and-seek?
This means that the government is trying to hide what actually happened as they are likely to challenge the Supreme Court’s order of seeking files on the remission. The government’s own counsel has said this to the court. So if a common man wishes to evaluate the decision of remission, then it would not be possible at all. The Apex Court has also told the government that if the files are not produced then it would be considered as contempt of the court. The government doesn’t seem to be respecting the Court either. If the government authorities are avoiding to produce the files in court implies that they are trying to hide something.
In fact, the government is at a big fault here. The atrocity of the crime was so severe that the dispensation to the 11 convicts was completely out of the question. Bilkis Bano was gangraped on March 3, 2002, in the village of Randhikpur when she was five-month pregnant. The incident took place during the infamous Godhra riots. Seven members of her family, including her three-year-old daughter, were also killed before her very eyes. Radhesham Shahi, Jaswant Chaturbhai Nai, Keshubhai Vadania, Bakabhai Vadania, Rajivbhai Soni, Rameshbhai Chauhan, Shaileshbhai Bhat, Bipin Chandra Joshu, Govindbhai Nai, Mitesh Bhatt and Pradip Modhia were convicted in the case. The hearing began in Ahmedabad, but after Bilkis expressed fear of witnesses being pressured and evidence being tampered with, the case was transferred to Mumbai as per Supreme Court’s orders in August 2004. On January 21, 2008, Mumbai’s CBI special court convicted 11 accused and sentenced them to life-imprisonment, a punishment which was also held up by the Bombay High Court. The convicts were supposed to serve their entire life in the prison, but, citing good conduct, the government granted them remission on the occasion of 75 years of the country’s Independence. One of the foremost questions that was raised was why only they were granted the remission? There must be many prisoners whose conduct must have been good as well, then why were they not released? And who is to decide if their conduct was actually good? One of the convicts had a molestation complaint filed against him while he was on parole. So how exactly was his conduct good? Besides, the crime was so horrendous that it was not appropriate to grant them remission in the first place. The convicts were given a grand welcome with garlands when they were released.
What feat had they achieved to be honoured like that? The whole sequence leaves much to ponder and doubt.