Centre opposes releasing of convicts in Bilki Bano rape and murder case

Centre and Gujarat government is seemingly at odd following the release of all 11 men who were serving life imprisonment for the gang-rape of Bilkis Bano and the murder of her family during the 2002 Gujarat riots.

While the Gujarat government has followed its own policy of 1992 as per the Supreme Court’s directions in May to consider a remission plea by one of the convicts, the Centre’s guidelines may not apply to the Bilkis Bano case. The top court has held that the policy in effect at the time of conviction shall apply in such cases.

Gujarat’s decision appears to be in conflict with the Centre’s opposition to releasing rape convicts. This opposition is expressly stated on page 4, point 5(vi), of the Centre’s guidelines, available on the Home Ministry website, reported the NDTV. In fact, one of the points says no one with life sentences will be released — that, too, would have disqualified the 11 life-term convicts in the Bilkis Bano case, according to the NDTV report.

According to a DNA report, the Centre in June this year proposed a special release policy for convicted prisoners and issued guidelines to states for the same. Notably, the guidelines clearly mention that rape convicts are among those who are not to be granted special release under this policy.

The release of the rapists and the murderers came after one of the convicts went to the court earlier this year, pleading for premature release under the Code of Criminal Procedure, as he had served about 15 years, reported the NDTV. The top court said a decision can be taken by the Gujarat government as per its 1992 policy, which was in place at the time of the conviction.

Upon release on Monday, the convicts were greeted with sweets outside the Godhra jail.