Supreme Court Questions Gujarat Government on Untimely Release of Bilkis Bano Rape Case Convicts

The Gujarat government faced rigorous questioning from the Supreme Court regarding the untimely release of the men convicted for raping Bilkis Bano and her family's killing during the 2002 riots. The apex court raised concerns about selective policy application and demanded data on prison reform.

Justices BV Nagarathna and Ujjal Bhuyan asked the Gujarat administration with probing questions throughout the hearing. Given the seriousness of the inmates' offenses, they questioned why some of them were granted early remission releases. The courts have stated that the administration is on "thin ice" with regard to the release.

The court wanted further information about whether or not a rule that gives dangerous criminals 14 years to rehabilitate is enforced uniformly to all prisoners. It emphasised that all inmates should be afforded the same chances at rehabilitation and reintegration.

The court also wanted to know how the Bilkis Bano Jail Advisory Committee came to be and why the Godhra court's view was taken into account while the trial was held elsewhere.

On Independence Day of 2017, 11 convicted criminals were released due to an outmoded policy and after consulting with a commission having ties to the ruling BJP. The Supreme Court ordered the state to make a decision on a single convict's plea, which led to his release.

Representing the Gujarat government, Additional Solicitor General SV Raju said it is difficult to provide blanket responses to the court's questions. He indicated that information from all fifty states is needed for a matter currently before the Supreme Court.

Since the inmates' conviction happened in 2008, the 1992 policy was used to order their release. Concerns regarding openness and policy implementation were heightened by the decision to release them and the panel's subsequent creation.

Shobha Gupta, the lawyer for Bilkis Bano, challenged the decision taken by the Gujarat government, arguing that it was made without adequate input from all parties involved. She pointed out that the previous order from the Supreme Court was issued mistakenly as a PIL rather than an appeal from the Bombay High Court's ruling.

On August 24, a judge will consider Bilkis Bano's appeal to free the inmates. The debate over the release illustrates the necessity for open, fair policymaking and the difficulties of the justice system.

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