Some convicts are more privileged: Apex Court

New Delhi: There are some convicts who are “more privileged”, the Supreme Court said on Thursday while hearing pleas challenging the grant of remissions to 11 convicts in the Bilkis Bano gangrape case and the murder of seven of her family members during the 2002 Gujarat riots.

One of the convicts told the top court that the grant of remission for reformation and rehabilitation of the convicts is a “settled position internationally” and the argument of Bilkis Bano and others that he cannot be granted the relief due to heinous nature of the offence cannot be invoked now after the Executive took a decision.

‘We understand the concept of remission. This is well-accepted. But here, they (victim and others) are questioning this in the present case,’ a bench comprising justices BV Nagarathna and Ujjal Bhuyan told senior advocate Siddharth Luthra, appearing for convict Ramesh Rupabhai Chandana.

The bench asked the lawyer to assist it by providing judgements delivered on pleas challenging the grant of remission, saying that usually cases are filed against denial of such benefits by states.

‘There are some convicts who are more privileged in getting these benefits,’ the bench observed.

But the legal position and the policy remain the same, Luthra said, adding, ‘Rehabilitation and reformation of life term convicts are a settled position internationally.’

The arguments that the offence was heinous can be taken during the judicial proceedings and now, this is not available for opposing the state action that too after the convicts spent 15 years in jail.

‘Other side says retribution or deterrence and nothing less. That, in my opinion, is not an argument that can be made at this stage... the grant of remission cannot be approached through a punitive attitude. This is not in line with the policy of Indian law,’ he said.

The senior lawyer said a Mumbai sessions court has applied its judicial mind on the state action and moreover, the convicts were handed down life term “simplicitor”.

The court will resume hearing on the pleas on September 20. Earlier, the bench had questioned Chandana for depositing the fine imposed on him when the hearing on the pleas challenging his remission was underway before it.