Bilkis Bano case
Ex-judge UD Salvi who convicted 11 men for raping Biklis Bano questions their release
Mumbai/IBNS: Eleven men who raped 2002 Gujarat riots survivor Bilkis Bano and allegedly killed seven members of her family should not have been released, the judge who convicted them 14 years ago has said.
Justice UD Salvi, who retired as a Bombay High Court judge, also criticised the sweets-and-garland welcome for them by politicians with "one ideology".
Speaking to the media in Mumbai, he said: "Whoever took this decision, should reconsider this, that's all I can say."
"This case went through each and every process and we all know that these 11 convicts got life imprisonment after going through all the proof. Now, what did the government think later, that is a question," he said.
"The government has the power to give remission, but it should think about every factor before giving any decision, or else it isn't right. I don't know if they went through the procedure or not," Justice Salvi said.
"Did they ask the judge under whom the case was heard? I can tell you that I heard nothing regarding this. This case was investigated by CBI. In such cases, the state government needs to take advice from the central government as well. Did they do that? I have no idea. If they did, what did the central government say?" he said.
The judge also criticised how the convicts were welcomed by groups linked to the ruling BJP - with sweets, hugs and garlands and also the comment by a BJP MLA that the men were Brahmins with "good sanskar" (culture).
"Apart from this, welcoming these 11 convicts isn't right. Some think this is part of Hindutva or they did it as a Hindu. That is wrong... Some are telling that they are Brahmin. Saying that isn't right," Justice Salvi said.
"Some leaders have this habit that now, they just follow one ideology. It is because people like to follow one ideology and that's why leaders do that," he said.
"While giving any remission, the government needs to think about the victim as well as the crime done. I don't think so that has been done," he added.
"The convicts who were released, did they even plead guilty or even apologise? These people accepted the garlands and welcome given to them. It doesn't seem they know what they did and they feel guilty about it," the retired judge added.
Meanwhile, the Supreme Court will hear a PIL filed against the relaxation of the sentence given to the convicts in the Bilkis Bano case of Gujarat.
A bench headed by Chief Justice N V Ramana Tuesday agreed to the plea of senior advocate Kapil Sibal and advocate Aparna Bhat for an early hearing.
The exemption given to 11 people guilty of killing 14 people and sexually assaulting a pregnant woman during the 2002 Godhra riots has been challenged.
During the special mention, a bench headed by Justice Ramana asked the counsel whether the release was on the basis of a Supreme Court order.
Sibal said the petitioners are not questioning the order of the apex court but the basis for granting exemption to the 11 convicts.
The lawyers told the Supreme Court that a bench headed by Justice Ajay Rastogi had allowed the Gujarat government to apply the "exemption in practice" rules at the time of conviction to the 11 accused in the Bilkis Bano case.
Justice Ramana said the petition would be listed before the appropriate bench soon.
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