The Centre and the state government claimed privilege over the information while the Supreme Court questioned whether there was application of mind and stated that the gravity of the offence should have been taken into account when releasing the convicts involved in the gangrape of Bilkis Bano and the murder of seven of her family members during the Gujarat riots in 2002.
S V Raju, the Additional Solicitor General who was representing both governments, informed the bench that the files had been submitted in accordance with the ruling, but he added that he had been given the go-ahead to state that the government is considering asking for a review of the ruling from last month.
Raju told the bench, “We are claiming privilege over the information. I am asking for time to file a review.” He sought time. The bench said the government is free to seek review, but the court had to see the reasons given to remit the sentences and procedure adopted by the authorities. “What is the problem in showing the files? You might have perhaps acted as per the law, so why are you hesitant,” asked the bench.
“The real question is whether the government applied its mind and what material formed the basis of its decision to grant remission,” it said, adding, “Today it is this lady (Bilkis) but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, we will draw our own conclusions.”