The Gujarat government on Monday filed an affidavit in the apex court defending its decision to prematurely release the convicts as per the 1992 exemption policy as they had completed more than 14 years in jail and found their conduct to be good. went.
It also clarified that as part of the ‘Azadi Ka Amrit Mahotsav’ celebrations, the convicts were not exempted as per the circular to exempt prisoners.
It further said that the Union Home Ministry vide letter dated July 11, 2022 had approved the premature release of the convicts. The convicts were released on August 15.
Bilkis Bano was gang-raped in Gujarat’s Randhikpur village, and seven members of her family, including her three-year-old daughter, were killed on March 3, 2002, during the Gujarat riots that followed the Godhra train fire. She was 21 at the time and five months pregnant.
A very heavy counter: Justice Ajay Rastogi
The top court gave time to the petitioners to file their reply on the Gujarat government’s affidavit and said it would hear on November 29 petitions filed by senior CPM leader Subhashini Ali and two other women – challenging the early release of the convicts. Went.
“I have not seen a counter-affidavit where a series of judgments are cited. The factual statement should have been made. A very heavy counter. Where is the factual statement, where is the use of mind?” A bench headed by Justice Ajay Rastogi said.
A bench of Justice CT Ravikumar directed that the reply filed by the Gujarat government be made available to all the parties.
‘For easy reference’
Addressing Solicitor General Tushar Mehta, Justice Rastogi said that he has not received any counter affidavit in which several judgments have been cited.
Mehta concurred with the observation and said it could have been avoided. “Had the decisions been mentioned for easy reference, it could have been avoided,” he said.
In the affidavit, the state government attacked the whereabouts of the petitioners saying that they are third parties in the case and no stranger can question the exemption order passed by the competent authority.
The reply also revealed that the proposal for premature release of the convicts was opposed by the Superintendent of Police, CBI, Special Crime Branch, Mumbai and the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay.
The 11 prematurely released convicts include Jaswantbhai Nai, Govindbhai Nai, Shailesh Bhatt, Radheshyam Shah, Bipin Chandra Joshi, Kesarbhai Vohaniya, Pradeep Mordhia, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.
A special CBI court in Mumbai had on January 21, 2008 sentenced 11 to life imprisonment for the gang-rape of Bilkis Bano and the murder of seven members of his family. Later the Bombay High Court and the Supreme Court upheld his sentence.
(with inputs from agencies)