By Express News Service
NEW DELHI: The Gujarat government’s decision to release 11 convicts serving time for the rape of Bilkis Bano during the 2002 riots in the state, flies in the face of the Union home ministry’s explicit directive that “special remission is NOT to be granted” to those facing a “sentence of life imprisonment” and “rape”.
The 11, serving life term for raping Bilkis Bano before murdering her and her entire family, were allowed to walk free from the Godhra sub-jail on August 15 after a state government committee approved their application for remission of the sentence.
ALSO READ | Release of Bilkis Bano case convicts: Congress asks if PM Modi believes in his own words on women’s safety and respect
A home ministry notification issued on June 10, 2022 said “as part of the celebrations (Azadi Ka Amrit Mahotsav), it is proposed to give special remission to certain categories of prisoners and release them in three phases – 15th August 2022, 26th January 2023 and again on 15th August 2023.” While eight different categories of convicts qualify for remission,“special remission is NOT to be granted” to a longer list of 12 categories of convicts.
The no-go list includes death row convicts or cases where death has been commuted to life, those sentenced for life, convicts serving time for acts of terror, dowry death, counterfeiting currency, rape, human trafficking, sexually abusing children, money laundering, corruption etc.
ALSO READ | All 11 Bilkis Bano rape convicts walk out of jail
Speaking to this newspaper, Supreme Court senior advocate Rebecca Mammen John said, “this power (of remission) must be exercised consistently. What we have today is a situation where there is no consistency in its application, leaving a large majority of convicts to suffer very long periods of incarceration while a select few get away with shorter periods.”
Gujarat’s justificationGujarat Additional Chief Secretary (Home) Raj Kumar said the remission application was considered as the convicts had completed 14 years in jail, besides other factors such as “age, nature of the crime, behaviour in prison and so on”.
NEW DELHI: The Gujarat government’s decision to release 11 convicts serving time for the rape of Bilkis Bano during the 2002 riots in the state, flies in the face of the Union home ministry’s explicit directive that “special remission is NOT to be granted” to those facing a “sentence of life imprisonment” and “rape”.
The 11, serving life term for raping Bilkis Bano before murdering her and her entire family, were allowed to walk free from the Godhra sub-jail on August 15 after a state government committee approved their application for remission of the sentence.
ALSO READ | Release of Bilkis Bano case convicts: Congress asks if PM Modi believes in his own words on women’s safety and respect
A home ministry notification issued on June 10, 2022 said “as part of the celebrations (Azadi Ka Amrit Mahotsav), it is proposed to give special remission to certain categories of prisoners and release them in three phases – 15th August 2022, 26th January 2023 and again on 15th August 2023.” While eight different categories of convicts qualify for remission,“special remission is NOT to be granted” to a longer list of 12 categories of convicts.
The no-go list includes death row convicts or cases where death has been commuted to life, those sentenced for life, convicts serving time for acts of terror, dowry death, counterfeiting currency, rape, human trafficking, sexually abusing children, money laundering, corruption etc.
ALSO READ | All 11 Bilkis Bano rape convicts walk out of jail
Speaking to this newspaper, Supreme Court senior advocate Rebecca Mammen John said, “this power (of remission) must be exercised consistently. What we have today is a situation where there is no consistency in its application, leaving a large majority of convicts to suffer very long periods of incarceration while a select few get away with shorter periods.”
Gujarat’s justification
Gujarat Additional Chief Secretary (Home) Raj Kumar said the remission application was considered as the convicts had completed 14 years in jail, besides other factors such as “age, nature of the crime, behaviour in prison and so on”.
