Bilkis Bano case: Centre approved release of convicts, CBI opposed premature release: Gujarat govt tells Supreme Court

In an affidavit filed in response to the petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case, the Gujarat government on Monday told the Supreme Court that the remission granted was done in accordance with law and after taking the necessary approvals from the Central Government, reported The Indian Express.

The Gujarat government further stated that according to the state’s 1992 remission policy, the convicts had completed more than 14 years of jail term and “their behaviour was found to be good”, reported IE.

In its response to the petitions challenging the Gujarat government’s remission order, the state further revealed the authorities that had opposed the order — the “Superintendent of Police, CBI, Special Crime Branch, Mumbai” and “the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay”, reported IE.

Protesting the convicts’ early release, the Civil Judge had contended that the 2008 remission policy of the Maharashtra government be applied as they were tried in Mumbai. The Civil Judge went on to describe the act as “the worst form of crime against humanity,” reported IE.

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In May, the top court, hearing the plea of one of the convicts, ordered that the Gujarat government will be the competent authority in deciding upon the remission as the crime took place in that state. The SC further asked the Gujarat government to deliberate whether the convicts can be granted premature release based on its 1992 policy. In 2004, the SC had shifted the proceedings from Gujarat to Mumbai, citing “exceptional circumstances”.

The Gujarat government also told the apex court that in accordance with the 1992 remission policy, the Inspector General of Jail is bound to seek the opinions from the competent authorities before sending his recommendations to the state along with his own opinion.

The state said, barring two authorities, all others recommended the release of the prisoners. The state added that it had approached the Centre and secured its nod as the case was investigated by a central probing agency.

After the 11 convicts were released on August 15 this year, two petitions, moved by CPI(M) leader Subhashini Ali and others, and TMC MP Mahua Moitra, were filed against Gujarat’s remission order before the top court. The top court had sought the state’s reply against the two petitions, which claimed that the remission was granted without consulting the Centre.