Unequals cannot be treated equally, says SC while questioning Bilkis Bano rapists’ release

The Centre and the Gujarat government informed the Supreme Court on Tuesday that they may file a petition seeking a review of its 27March order requiring them to provide original files on the grant of remission to the Bilkis Bano convicts.

The paroles granted to 11 convicts during their incarceration period were questioned by a bench of Justices K M Joseph and B V Nagarathna, who said the gravity of the offence could have been considered by the state.

The bench of Justices 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.”

“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.”

The bench scheduled the final disposition of the batch of pleas challenging the remission of the convicts in the Bilkis Bano case for 2 May and asked all convicts who had not been served notices to file their replies.

It asked the Centre and the state to state their position on filing a review petition.