‘Nothing wrong with family celebrating release': ASG tells SC on Bilkis Bano convicts

In the Bilkis Bano gang rape and child murder case, the 11 convicts "never showed remorse" and "were garlanded and feted on release", argued advocate Shobha Gupta, representing Bano at the Supreme Court on Tuesday. She submitted that the convicts ignored the fine imposed on their conviction and were not eligible for remission, as they were supposed to serve an additional three-year sentence for non-payment.

A Supreme Court bench headed by Justices BV Nagarathna and Ujjal Bhuyan asked whether the convicts had demonstrated repentance or remorse, which would count towards "good behavior" for remission consideration. Gupta responded, "What remorse? They haven't even bothered to pay the fine," pointing out the celebratory scenes on their release. "The supporters' statement that they couldn't have committed the crime as they were Brahmins, is denial of the conviction. There is no remorse," added Senior Advocate Indira Jaising.

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Interestingly, Additional Solicitor General SV Raju, appearing for the state of Gujarat, submitted that the "celebration" cannot be connected to lack of remorse. "If some family members chose to garland them on their release, there is nothing wrong with it. That cannot be an issue..."

However, Gupta stated the court should consider the "public impact". "The incident shocked society...There were nationwide agitations against the remission...The law dictates the court to consider the widespread impact," she argued.

Furthermore, Gupta highlighted procedural lapses in the Gujarat government's decision and questioned whether the Supreme Court's 2022 judgment, which allows the Gujarat government to decide on the convicts' plea for remission, was correct. "The rules require the convicting judge's opinion. However, the government's decision on 13 May 2022 did not mention the judge's opinion against remission or reason for disagreement," she elaborated. "We cannot ignore procedure...the views of two major stakeholders -- the convicting judge and the police -- were disregarded," she added.

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Gupta also emphasised the speedy decision to grant remission to all 11 convicts, contradicting the Supreme Court order pertaining only to the remission policy applicable to convict Radheshyam. Their "double life sentence" for child murder and gang rape, additional non-paid penalty, and extra three-year sentence were not considered, she pointed out. She emphasised, "The punishment for non-payment of fines cannot be served concurrently, but consecutively after the life sentence is over."

With arguments on Bano's behalf finished on Tuesday, the court will hear arguments on Wednesday from the convicts, who have objected to the petitions filed by individuals, including MP Mahua Moitra and ex-MP Subhashini Ali. The convicts were prematurely released by the Gujarat Government in August 2022, provoking protests and numerous petitions before the Top Court. Bilkis Bano, who was gang-raped while pregnant and whose young child was murdered during the 2002 Gujarat riots, opposes the release orders.

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