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  4. Bilkis Bano case: SC questions parole granted to convicts, says 'Unequals cannot be treated equally'

Bilkis Bano case: SC questions parole granted to convicts, says 'Unequals cannot be treated equally'

All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year - a decision which was challenged by Bilkis Bano.

Edited By: Nivedita Dash @Nivedita0503 New Delhi Published : Apr 18, 2023 16:04 IST, Updated : Apr 18, 2023 16:52 IST
Bilkis Bano case
Image Source : PTI Bilkis Bano case

The Supreme Court on Tuesday questioned the parole which was granted to convicts in Bilkis case during incarceration saying the gravity of the offence should have been considered by the Gujarat government. All 11 convicts were granted remission by the Gujarat government and released on August 15 last year — a decision which was challenged by Bilkis Bano.

The SC said that 'apples cannot be compared with oranges', similarly massacre cannot be compared with single murder. "It said, "A pregnant woman was gang-raped and several people were killed. You cannot compare victim's case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally."

ALSO READ | SC issues notice to Centre, Gujarat on plea filed by Bilkis Bano challenging remission of sentence convicts

"The question is whether government applied its mind and what material formed the basis of its decision to grant remission," the bench said, adding, “Today it is Bilkis but 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," it added.

Both the governments - Centre and Gujarat- have however said that a plea may be filed for review of March 27 order asking for original files on remission to convicts in Bilkis Bano case.

The SC posted a batch of pleas for final disposal on May 2.

In 2002 Gujarat Riots, Bano was five months pregnant when she was gang-raped. Her three-year-old daughter was among the seven family members killed.

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