"Have Those Criminals Truly Repented?" : Judge Who Passed Sentence In Bilkis Bano Case Criticises Premature Release Of Convicts

On Tuesday, Justice Salvi said that the State government does have a right to grant remission, however, the law also talks about how to use those powers and what aspects should be considered. "It is also intended that the government take the opinion of the judge who gave the judgment of the case, and also to take the complainant's side into account. No one contacted me before the decision of the Gujarat government. The manner in which the criminals were felicitated after release was very indecent,"  said Justice U D Salvi, who retired as a judge of the Bombay High Court in 2013.

Justice Salvi had presided over the entire trial in the Bilkis Bano case - which was transferred to Mumbai from Gujarat as per Supreme Court's order - and sentenced the 11 men to life imprisonment in January 2008 for gangrape and murder. A year later, in February 2009, he was elevated as a judge of the  Bombay High Court.

Justice Salvi, another retired Bombay HC judge, Justice Abhay Thipsay, and others were talking to the media at an event organized by 'United Against Injustice and Discrimination' at Mumbai.

Justice Thipsay said that it was incomprehensible that the convicts were released and expressed fear that if such decisions were not dealt with in time, then the future of the next generation could be in danger.

Following the decision of the Gujarat government, 11 men sentenced to life for the rape of Bano and murder of 14 family members, including her three-year-old daughter were released from jail on the 76^th Independence Day and were felicitated by the Vishwa Hindu Parishad with sweets and garlands.

Justice Salvi also criticised the fact that the convicts were termed as Brahmins and of good behaviour. "Being a Brahmin is not only about being a Brahmin by birth, but about being a Brahmin with good qualities. It is also said that they were released keeping reformation in mind. But can it be said that those criminals truly repented?" Justice Salvi asked.

Another speaker Senior Advocate Gayatri Singh said that if state governments are allowed to release criminals of their choice through the amnesty policy despite being convicted of heinous crimes, it is a violation of our justice system and a mockery of the expectations of citizens.

"When we look at Bilkis Bano's case it is not an issue whether 92 remissions is valid or 22 remissions are valid etc. The question is whether the government has subverted justice, and it has."

Singh emphasized that Bano was a member of a minority community and the entire case must be seen in a holistic manner. "In the initial FIR she came to the police station on her own. The police should've registered an FIR as per her words. But the Police asked Billkis not to name the accused. But she did name them, it was corroborated by witnesses."

She added that the police completely distorted the case and that Bilkis was kept in the police station for three whole days. "The Police should have taken her for a spot inspection for murder of 14 family members. Some other person was taken who couldn't identify the bodies. 7 out of 14 bodies disappeared. Required samples weren't taken by post mortem doctors."

"Bilkis had to face not only the actual incidents but all this as well," She said.

Singh further narrated how the bodies were buried in a pit with saches of salt for decomposition and Bilkis gave her statement before collector in the relief camp. Bilkis's life was is in danger, she said.

"Despite the magistrate recording her statement as well as the police filing a closure report, NHRC took cognizance and the SC took it up. SC gave CBI this matter. CBI filed the chargesheet against 12 people and police officers. We'll see remission in the context of not just remission policy but also the circumstances of the case. Witnesses are still being threatened. Bilkis' life is in danger she can't stay at one place. The remission should be quashed," Shing said.