Highlight
- The affidavit states that the state government has considered the views of seven officers.
- The affidavit states that all the convicted prisoners have completed 14+ years in jail
- The affidavit states that the state government is empowered to take a decision on the proposal for premature release
The Gujarat government has told the Supreme Court that 11 convicts in the Bilkis Bano case were released after completing 14 years of jail term and were found to be well behaved, and the Center had also approved their release.
In an affidavit, the Under-Secretary of the State Home Department said: “I state that the State Government has considered all the opinions and decided to release the 11 prisoners as they have completed 14 years of age and above in jails. And their behavior has been found to be good.”
“The Government of India vide letter dated 11th July, 2022 conveyed the concurrence/approval of the Central Government under section 435 of CrPC for the premature release of 11 prisoners,” it said.
The affidavit said the state government considered the opinion of seven officials—the Inspector General of Prisons, Gujarat, the Jail Superintendent, the Jail Advisory Committee, the District Magistrate, the Superintendent of Police, the CBI, the Special Crime Branch, Mumbai, and the Sessions Court, Mumbai.
“After the approval of the State Government, orders have been issued to release the prisoners on 10th August, 2022. Therefore, in the instant case, the State has considered the proposals under the 1992 Policy as directed by this Court. and not given under governing circular. Grant of exemption to prisoners as part of celebration of ‘Azadi Ka Amrit Mahotsav’,” the affidavit added.
The affidavit states that all the convicted prisoners have completed 14+ years in jail under life imprisonment and the opinion of the authorities concerned has been obtained as per the policy dated 9 July 1992, and submitted by letter dated to the Ministry of Home Affairs Is. June 28, 2022 and sought approval/suitable order from the Centre.
The affidavit said that the state government is empowered to take a decision on the proposal for premature release of prisoners under the provisions of sections 432 and 433 of CrPC. “However, considering the provision of section 435 CrPC, it is mandatory to obtain the sanction of the Government of India in cases in which the investigation of the offense was carried out by the Central Investigation Agency. In the present case, the investigation was carried out by the CBI and the State Government of India.” Approval/suitable orders have been obtained from the Government.”
The Gujarat government’s reaction comes on a petition filed by former CPI(M) MP Subhasini Ali, journalist Revathi Laul and Prof Roop Rekha Verma, challenging the release of 11 people convicted for the gang rape and multiple murders of Bilkis Bano. . 2002 Gujarat riots. Another petition challenging the release of the convicts was filed by Trinamool Congress MP Mahua Moitra.
The Gujarat government has denied every claim made by the petitioners and held that the petition is not maintainable in law nor is it tenable on the basis of facts.
“The petitioner, being a third stranger, has no right in the guise of a public interest litigation to challenge the orders of exemption by the competent authority as per the applicable law in the instant case,” the affidavit said.
The affidavit states that it is well established that a PIL is not maintainable in a criminal case and the petitioner is in no way connected with the proceedings, which either convicted the accused nor with the proceedings. Which ended in granting exemption to the guilty. Thus, a petition, only at the instance of an engaged person, (and) which contains political conspiracy, is liable to be dismissed, it added.
On September 9, the apex court directed the Gujarat government to file all records, which formed the basis for the exemption of all the accused in the case. It directed the state government to file its reply within 2 weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a reply.
A convict in the Bilkis Bano case has told the Supreme Court that the plea challenging the Gujarat government’s pardon order is “speculative and politically motivated”.
The petition filed by Radhesham Bhagwandas Shah said: “This court should dismiss the said petition with a heavy hand not only on the ground of whereabouts and maintenance but also on the ground of such speculative and politically motivated plea and an exemplary cost.” so that the petition motivated by such political strangers should not be encouraged by others in future.”
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