18 Apr, 2023
Massacre can't be compared with single murder: SC questions Parole
The Supreme Court today pulled up the Gujarat government for ordering the premature release of the 11 convicts in the Bilkis Bano rape case. The division bench comprising Justices KM Joseph and BV Nagarathna said when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest.
"The question is whether govt applied its mind, what material formed the basis of its decision, etc...(Judicial) order requiring convicts to be in jail for rest of their natural life...(they were) released by executive order...Today it is this lady. Tomorrow, it can be you or me. There must be objective standards...If you don't give us reason, we will draw our own conclusions," Justice Joseph observed.
While hearing the pleas challenging premature release of the convicts, the Court said -
"How can you compare apples with oranges? How can you compare the murder of a single person with mass murder of multiple persons?,"
The Supreme Court said that every action should be for public good, adding that the release of these convicts is a crime against a community and society. The top court also questioned the parole given between 1000-1500 days and asked if the same if available for normal citizens.
"The law has been laid down in Venkata Reddy's case whose remission on account of him being a 'good Congressman' was set aside. Very high yardstick, even though power exists. Reasons must also be given," Justice Joseph told the respondents, asking them to produce the files.
The Gujarat government will file review petition against order to produce remission files.
"We will take a call on whether to file one by Monday," ASG SV Raju appearing for both Centre and Gujarat government told the bench.
The next date of hearing is on 24th April,2023
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