Bilkis Bano: Centre, Gujarat refuse to submit files to Supreme Court on convicts' remission; tell Court will challenge order to submit files

The Central and Gujarat governments on Tuesday informed the Supreme Court that they may challenge the top court's order directing them to present files relating to the remission of 11 convicts in the gangrape of Bilkis Bano during the 2002 Gujarat riots. .A bench of Justices KM Joseph and BV Nagarathna was informed of the same by Additional Solicitor General (ASG) SV Raju, appearing for both the governments. The last order of the Court had stated, "The first respondent-Union of India as also the second respondent-State of Gujarat will be ready with the relevant files regarding the grant of remission to the party-respondents on the next date of hearing."When the ASG informed the Court today about the review, the bench was far from impressed..Justice Joseph orally remarked that the governments' stance amounted to contempt of court since they had not yet filed a review against the Court's previous order but was still insisting on not producing the files. "What is the problem in showing us (the files) today? You are in contempt for not producing it. Why are you shying away (now)? You did not file a review; we never stopped you," Justice Joseph remarked.The Court also said that the State government was not under any compulsion to adopt the Central government's stance on remission but could have taken an independent call. "If the Union has concurred, it does not mean you do not have to individually apply your mind. No State can escape the contours of the law. For us if you say you will not give us reasons or produce the files ... We will be free to draw our own conclusions," Justice Joseph further remarked.Justice Nagarathna weighed in saying, "You will be in a better place if you show." .Senior Advocate Kapil Sibal, appearing for one of the PIL-petitioners, suggested that it can be produced in a sealed cover.However, the ASG said that he had only been briefed on the point that the governments may challenge this order and, therefore, would need further instructions to give a concrete answer.Pertinently, the Court also took strong objection to what it considered as delay tactics by the convicts after counsel for one of the convicts sought more time to file his counter-affidavit."We are also conscious of the strategy that the matter may be dragged to at least December by the accused. They will say not served and seek 4 weeks, next hearing another accused will say," Justice Nagarathna said.The counsel then pointed out that notice was only issued on March 27, and less than a month had passed even as the matter dealt with their liberties..During the course of the hearing, the Court also asked the ASG who was appearing for both the Central and Gujarat governments, whether there was no conflict of interest in representing both governments..The Court was considering a batch of pleas challenging the decision of the Gujarat government to grant remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.The 11 convicts who were set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana..The Supreme Court had issued notice in the case last month. At the time, the Court said that the crime against Bano and her family members was a horrendous one but underscored that the matter will be decided on the basis of law.Bano herself is one of the petitioners while the other matters are in the nature public interest litigation (PIL).On August 25 last year, the top court sought the response of the Gujarat government on some of the pleas..Senior Advocate Sidharth Luthra appearing for one of the convicts today, said that only Bano's writ should be considered. He added that the nature of the offence could not be a ground to increase sentence at this stage."They have bypassed the curative process. Those are things to be determined at the outset ... Now they are trying to also contest some findings by the two judges," Luthra said. The Court made it clear that it was only on the question of whether the exercise of power by the Gujarat government was as per settled law and policy."Locus standii issue is concluded. Writ petition lies. What is the basis you have exercised your powers is the matter. Whether you were guided by relevant factors, applied your mind, applied the right questions," the Court added..Senior Advocate Abhishek Manu Singhvi with advocates Vrinda Grover and Shobha Gupta also appeared for the petitioners..The Court eventually listed the case for final disposal on May 2.[Read order]