The Center and the Gujarat government are likely to challenge the Supreme Court's order seeking remission of sentences in the Bilkis Bano gang-rape case. Citing "privilege," the government indicated it did not want to produce documents related to the pardons of the 11 convicted in the case.
Ms Bano, whose seven members of her family were also murdered in the 2002 Gujarat riots, approached the Supreme Court in November last year challenging what she called the state government's "premature" release of 11 convicts. She said the pardon "shook the conscience of society".
The Supreme Court had on March 27 told the Gujarat government and the Center to show the files used in the pardon. Justices KM Joseph and BV Nagarathna questioned the pardon granted to the 11 convicts during their imprisonment, saying the gravity of the offense could have been considered by the state.
"A pregnant woman was gang-raped and several people were killed. You cannot compare victim's case with standard Section 302 (murder of Indian Penal Code) 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 Supreme Court said, as per reports.
"The question is whether the government applied its mind and what material formed the basis of its decision to grant remission," the Supreme Court said. "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," it said.
The Supreme Court will hear a clutch of requests challenging the remission to the convicts on May 2. It ordered all the convicts who have not been served notice to send their replies. On 27 March, the Supreme Court termed the case of Bilkis Bano's gang-rape and the murder of her family members as a "horrific" act and questioned the Gujarat government on whether uniform standards were applied in other murder cases, while granting clemency to 11 convicts.
Ms. Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed. Last month, one of the 11 men on parole was seen sharing a stage with a BJP MP and MLA at a government program in Gujarat.