“Bilkis Bano’s Rapists Released For Good Behavior”: Gujarat Govt In SC

Gujarat government said that the opinions of the authorities were taken before arriving at its decision to grant a premature release

Gandhinagar: The Gujarat government told the Supreme Court that it has decided to release 11 convicts in the Bilkis Bano case for their good behavior in prison. They have spent 14 years in prison. The Centre had also “conveyed (its) concurrence/ approval.”

In an affidavit filed responding to the petitions challenging the remission granted to the prisoners Gujarat government said, “Superintendent of Police, CBI, Special Crime Branch, Mumbai and the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay, had, in March last year, opposed the early release of the prisoners.”

In letters to the superintendent of the Godhra sub-jail, the CBI officials wrote, “Offense committed was ‘heinous, grave and serious’ and hence they cannot be released prematurely and no leniency may be given to them.”

The Civil Judge also believed that because the trial was held in Mumbai, the Maharashtra government’s 2008 policy should be in effect. “In this case, all the convicted accused were found guilty for rape and murder of innocent people. That the accused had no enemy or any relation with the victim. The crime was committed only on the ground that the victims belong to a particular religion. In this case, even minor children were not spared. This is the worst form of crime against humanity. It affects the conscience of society. The aggrieved is society at large,” the Civil Judge had said.

On May 13, the apex court while hearing the plea filed by one of the convicts had said the government of Gujarat, where the offense was committed, was the “appropriate government” to decide his prayer for premature release as per Gujarat’s 1992 remission policy. Citing exceptional circumstances, the SC shifted the case from Gujarat to Maharashtra in 2004.

Gujarat government in its affidavit stated that according to the to1992 policy, the Inspector General of Jail is mandated to obtain the opinion of the District Police Officer, District Magistrate, Jail Superintendent, and Advisory Board Committee for early release of a convict.

It added, “Thereafter, the Inspector General of Jail is mandated to give his opinion with the copy of the nominal roll and copy of the judgment and send the recommendation to the government. Further, the Jail Advisory Board at the time of consideration of the premature release application shall be guided by the policy of 1992.”

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The Gujarat government said that the opinions of authorities were taken. Opinions of the Superintendent of Police, CBI, Special Crime Branch, Mumbai; the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay; Superintendent of Police, Dahod; Collector and District Magistrate, Dahod; Jail Superintendent, Godhra sub-jail; Jail Advisory Committee; and Additional Director General of Prisons, Ahmedabad were taken before arriving at its decision to grant a premature release. Barring the first two, all the others recommended their release, it said.

The case was investigated by the central probe agency. The state submitted its recommendation to the Centre, which “conveyed the concurrence/approval of the Central Government… for premature release of 11 prisoners vide letter dated 11.07.2022”, the affidavit said.

It also said that the Gujarat government considered all the opinions and decided to release the 11 prisoners since they have completed 14 years and above in prison and their behavior was found to be good. The state also emphasized that the prisoners were granted relief according to the 1992 policy, and “not under the circular governing grant of remission to prisoners as part of Azadi Ka Amrit Mahotsav”.