Eleven men who raped 2002 Gujarat riots survivor Bilkis Bano and killed seven members of her family should not have been released, the judge who convicted them 14 years ago has said, criticising the sweets-and-garland welcome for them, saying it “defamed” Hinduism.
“Whoever took this decision, should reconsider this, that’s all I can say,” Justice UD Salvi, who retired as a Bombay High Court judge, told NDTV on Tuesday in Mumbai. “Releasing them is the power of the state. But felicitating them is absolutely in bad taste. That’s not correct,” he added.
The judge criticised how the convicts were welcomed by groups linked to the ruling BJP – with sweets, hugs and garlands; as well as the comment by a BJP MLA that the men were Brahmins with “good sanskar” (culture).
“If one talks of Hindutva and does this type of act of felicitating the criminals who are guilty of such a heinous crime, then Hindutva is defamed. And if it is not so, if that’s not the intention of the parties, then the system which punished them, you are denying that they have not done this. You are revolting against the very judicial system,” Justice Salvi said.
“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,” he added.
The former judge also questioned the release procedure.
“What can we say about any committee. Whether they were from BJP or Congress, what difference does it make? They should be human beings first. That is important,” he 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.
“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.
On August 15, as India celebrated 75 years of Independence, all 11 convicts sentenced to life imprisonment in the 2002 case of Bilkis Bano’s gang rape and murder of her seven family members during the Gujarat riots walked out of the Godhra sub-jail.
Their release was allowed by the state’s BJP government under its remission policy, drawing severe criticism from Opposition parties and civil society.
Bilkis Bano said the release had shaken” her faith in justice and left her concerned about her safety. She was 21 when she saw seven members of her family murdered. Among them was her daughter, who was just three years old. Seven other relatives, who she says were also killed, were declared “missing”. The woman, five months pregnant, was then gang-raped.
