Release of 11 convicts might pose a danger to Bilkis Bano's life: Mahua Moitra

"Post-release, these 11 convicts are dangerous for her (Bilkis Bano) life. It is a crime against humanity. There are violations of natural justice. Post-release, there's a vulnerability. We are seeking relief to quash the order of the Gujarat government of remitting the sentences and release these 11 convicts prematurely," Senior lawyer Indira Jaising, appearing for the petitioner- Mahua Moitra, told the apex court two-judge bench, headed by Justice B V Nagarathna and Justice Ujjal Bhuyan.

She submitted to the top court that there's a silence on categories of crime to be granted remission. There is no policy at all. There are no norms laid down by the state of Gujarat for remission.

"Crime, criminal, motive, gravity, nature of crimes were not considered while granting remission to these 11 convicts. My client has come before this court because public authority has acted capriciously, and she has come in the public interest for the public good," Jaising told the court.

The Gujarat government awarded remission to all 11 convicts and freed them on August 15, last year. Bano has filed a writ petition in the top court challenging the remission granted to 11 convicts.

The 11 convicts who were set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana.

The court was hearing a batch of pleas, including certain ones filed by third parties, challenging the decision of the Gujarat government to grant remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Gujarat riots.

"Instead of protecting the rights of women and children, the Gujarat government has remitted the convicts. Crime committed against Bano cannot be looked at in isolation of what was happening in Gujarat during the Communal and sectarian riots," Jaising said.

"It is a crime against a civilian. This is a violation of gross human rights. The state of Gujarat has not considered that the crime committed against Bilkis Bano was a crime against humanity. What happened to Bilkis is cruel, inhuman, and degrading," Jaising said.

The trial court judge has rightly said in an adverse manner and refused to give its nod for remission to 11 convicts, keeping in view the nature and brutality of the crimes, Jaising said.

On Thursday, the petitioners concluded their arguments, and the Supreme Court will start hearing from the State of Gujarat on August 17.

During the course of the hearing, the senior lawyer also said that communal harmony is the hallmark of a democracy. "No religion teaches hatred. If in the name of religion, people are killed, that is essentially a slur and blot on the society governed by the rule of law," she said.