New Delhi: A new controversy has broken out regarding the premature release of 11 people who were convicted and sentenced to life in the horrific Bilkis Bano rape and murder case of 2002.
According to official information submitted by the Gujarat government to the Supreme Court and accessed by ThePrint, 11 convicts have been out on parole or furlough for longer periods, and in some cases, for more than 30 days. Maximum period for which a convict can be granted parole.
The Gujarat government had submitted the affidavit in response to petitions challenging the state’s decision to allow the premature release of 11 people.
Government papers further show that one of the accused, Radheshyam Bhagwandas Shah, was released despite protests by the district judge, while another – Mitesh Chamanlal Bhatt’s application for pardon was approved even though he was allegedly But one was facing police charge sheet for outraging the modesty. When the woman was out on parole.
According to the Bombay Furlough and Parole Rules, (1959), which applies to Gujarat, a convict can be granted parole for 30 days at a time. Rule 19 states that “a prisoner may be released on parole for a period not exceeding 30 days” in cases of serious illness, or in his immediate relatives such as mother, father, brother, spouse or child The death of one of, or in. In case of a natural calamity such as their house collapse, flood or fire.
The rules allow extension of parole by the sanctioning authority in similar circumstances. But a convict cannot be released on parole for one year after the expiry of his last parole, except in case of death of any of his close relatives.
The affidavit shows that 11 people remained on parole for a period of up to 90 days, despite mandatory rules with an extension of 30 days in exceptional circumstances.
It’s not just parole; On several occasions, he was also granted leave of more than 14 days, which is the maximum period allowed under the rules. While parole is contingent and subject to conditions, furlough is a reward given to a convict for undergoing his sentence.
The documents attached to the affidavit, however, do not explain the reasons for these long periods of parole or furlough.
The affidavit also contains details of the state’s decision-making process and inputs received from various authorities.
Read also: Modi govt approves premature release of 11 convicts in Bilkis Bano case, Gujarat tells SC
90-day out
On average, each convict received more than 1,000 days of parole during a prison sentence of nearly 14 years. However, almost half of that was in 2020 and 2021 – when the Supreme Court directed that jails be parole to several life-imprisoners across the country with the aim of decongesting prisons to contain the spread of Covid.
The pardon document of one of the accused, Kesharbhai Khimbhai Wahonia, shows that he was granted parole for 90 days between November 10, 2010 and February 8, 2010. Similarly, he was out for 92 days between August 2019 and November 2019. In 2020 and 2021 – when the Supreme Court told the states less crowded Prisons because of Kovid – Wahonia was out of jail for 491 days.
His co-accused, Pradeep Ramanlal Modhia, who was on parole for a total of 1,041 days, was out of jail for three different 90 days – October 2019 to January 2020, April 2011 to July 2011 and September 2011 to December 2011. His records also reveal that he was on leave for more than 14 days on three occasions – June 2010, June 2012 and August 2013.
Mitesh Chamanlal Bhatt has got a total of 771 days of parole and 234 days of leave. He was out on parole for four phases of 90 days. In addition, in the third phase from September 2013, he surrendered 39 days after his three-month expiration.
Bhatt was charged with molestation for an incident in June 2020, when he was out on parole for the fourth time. Nevertheless, local police reports supported his exemption. The report said this was done after Bhatt assured that he would go back to jail if convicted as a result of the trial in the case.
Bhatt’s leave also exceeded the mandatory 14-day period; He was allowed to remain out of jail for a period not exceeding 30 days.
Bipinchandra Kanhaiyalal Joshi was also granted parole for three 60 days and one for 90 days.
Rajubhai Babulal Shah not only got parole thrice for 90 days, he also took parole during one of these stretches and surrendered only after a delay of 197 days. On another occasion, in 2018, Shah got parole for 60 days.
Govindbhai Akhambhai Nai, Rameshbhai Roopabhai Chandana, Rajubhai Babulal Soni and Jashwantbhai Chaturbhai Nai were also granted parole thrice for 90 days. Meanwhile, Bakabhai Khimbhai Wahonia was granted two 60-day paroles.
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From life imprisonment in 2008 till remission in 2022
arrested in 2004 Death sentence to the culprits in the gang rape and murder case life imprisonment in 2008 by a Special Sessions Judge in Mumbai. it was a sentence and a jail term justified Bombay High Court in 2017
On completing 14 years in prison, the convicts were entitled to remission and hence, all of them requested for their premature release in February 2021.
Sunil Gupta, a former spokesperson and lawyer for Tihar Jail, told ThePrint that parole rules differ from state to state. For example, in Delhi, he said, parole or furlough application can be made only if the conviction order of the lower court is upheld by the high court on first appeal.
This means that even if the convict challenges the concurrent finding before a High Court, his application for parole or furlough can be entertained.
“However, states like Haryana and Maharashtra do not follow the same criteria. They decide on the applications for parole and furlough immediately after the conviction of the accused by the trial court, even though his appeal is pending in the High Court,” said Gupta.
The convicts in the Bilkis Bano case started being released on both parole and furlough since 2010. This happened after the trial court had convicted him of the offense and when his appeal was pending in the high court.
(Edited by Therese Sudeep)
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