INDIA
The Gujarat government denied each and every assertion made by the petitioners and said the petition is not maintainable in law nor tenable on facts.
The Gujarat government has told the Supreme Court that the remission and premature release of the 11 convicts in the Bilkis Bano case were released was approved by the Union Home Ministry since they completed 14 years in prison and their "behaviour was found to be good".
In an affidavit, state Home Department Under Secretary said: "I say that the state government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good."
It added that the state government considered the opinions of the seven authorities --the Inspector General of Prisons, Gujarat, the Jail Superintendents, the Jail Advisory Committee, the District Magistrate, the Police Superintendent, the CBI, the Special Crime Branch, Mumbai, and the sessions court, Mumbai (CBI).
"After approval of the state government, orders have been issued on August 10, 2022 to release the prisoners. Hence, in instance, case the state has considered the proposals under policy of 1992 as directed by this court and not granted under the circular governing grant of remission to prisoners as part of celebration of `Azadi Ka Amrit Mahotsav`, added the affidavit.
The affidavit said that all the convict prisoners have completed 14+ years in the prison under life imprisonment and opinions of the concerned authorities have been obtained as per the policy of July 9, 1992, and submitted to the Ministry of Home Affairs, by letter dated June 28, 2022 and sought the approval/suitable orders of the Centre.
"The Government of India conveyed the concurrence/ approval of the Central Government under section 435 of the CrPC for premature release of 11 prisoners vide letter dated July 11, 2022," said the affidavit.
The affidavit said the state government is empowered to take the decisions on the proposal of premature release of prisoners under the provision of Section 432 and 433 of CrPC. "However, considering the provision of Section 435 CrPC, it is indispensable to obtain the sanction of the Government of India in cases in which the investigation of the offence was carried out by a central investigation agency. In the present case, the investigation was carried out by the CBI and the state government has obtained the approval/suitable orders of the Government of India," it added.
The Gujarat government`s response came on a plea has been filed by CPI-M`s former MP Subhasini Ali, journalist Revati Laul, and Prof Roop Rekha Verma, challenging the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots. Another plea challenging the release of the convicts was filed by Trinamool Congress MP Mahua Moitra.
The Gujarat government denied each and every assertion made by the petitioners and said the petition is not maintainable in law nor tenable on facts. "The petitioner, being a third stranger, has no locus to challenge the remission orders by the competent authority strictly as per applicable law in the instant case under the garb of a PIL," said the affidavit.
The affidavit submitted that it is well established that a PIL is not maintainable in a criminal matter and the petitioner is in no way connected to the proceedings which either convicted the accused in question nor with the proceedings which culminated in grant of remission to the convicts. Thus, a petition, at the instance of a mere busybody, (and) which has political machinations, 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 granting remission to all the accused in the case. It directed the state government to file its response within 2 weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a response.
A convict in Bilkis Bano case has told the Supreme Court that the petition challenging Gujarat government`s remission order is "speculative and politically motivated".
The plea filed by Radheysham Bhagwandas Shah said: "This court not only on the ground of locus and maintainability but also on the ground of such speculative and politically motivated petition should dismiss the said petition with heavy hand and imposed an exemplary cost so that such political motivated petition by strangers should not be encouraged in future by others."
Deepika Padukone romances Hrithik Roshan in Bikini, looks sizzling hot in UNSEEN viral video
Chhath Puja 2024: Top 50 wishes, What'sApp messages, quotes to share with your loved ones
Meet Caroline Emmons, Ratan Tata's 'first love' with whom he couldn't marry due to...
Who is Rohan Jaitley, frontrunner to replace Jay Shah as BCCI secretary?
World’s most expensive human tooth is valued over Rs 3000000, it belonged to…
Viral video: Little girl’s adorable dance to Lisa Haydon’s 'Manali Trance' impresses internet, watch
SC to deliver its verdict on pleas against Allahabad HC order scrapping UP madrasa law today
DNA TV Show: Why Election Commission changed Assembly by-elections' dates
Days after imposing fine on Anil Ambani, Sebi now issues Rs 130 crore demand notices to...
Thailand announces indefinite visa-free entry for Indian travellers
Meet daughter of billionaire, who studied in UK, now works in Rs 32770 crore Indian company as...
MUDA case: Lokayukta police summon Karnataka CM Siddaramaiah for questioning on...
This city is 4000 years old, belongs to bronze age where 500 people lived, it is located in...
Kamala Harris has been the President of US before? Here's when and how
Meet son-in-law of billionaire whose net worth is Rs 38690 crore, he co-founded...
What is elimination inflammation diet that helped Vidya Balan lose weight?
Shah Rukh Khan feels breathless after quitting smoking: Know withdrawal symptoms, how to manage them
Zomato CEO Deepinder Goyal takes action on vendor for mislabelling mushrooms at Hyperpure warehouse
Mukesh Ambani's Reliance shares fell by 3%, loses Rs 50205 crore in one day due to...
IAF's MiG-29 crashes near Agra in Uttar Pradesh, pilot ejects safely, court of inquiry ordered
Driving Growth and Monetization at Zendesk: A Conversation with Darshit Thakkar
Can air pollution make you fat? Know how high AQI impact your health
Locanto Addresses Challenges and Innovations in Indian Education System
Nita Ambani stuns in floral co-ord set while Anant, Mukesh Ambani go casual in Dubai
Indian Railway to launch this 'SUPER APP', passengers can now..., know details here
Who is Rashmi Shukla, IPS officer whom EC removed as Maharashtra DGP?
This village in India allows men to have two wives, living under one roof due to…
AUS vs PAK, 1st ODI: Australia beat Pakistan by 2 wickets to take 1-0 lead in series
Singham Again’s sole aim is to entertain, it’s not Hindutva propaganda
Delhi pollution: 'Why firecracker ban was not implemented during Diwali,' SC asks police, govt
IPL 2025 mega auction likely to be held in Riyadh on these dates
Big update on Reliance Jio IPO as Mukesh Ambani eyes THIS date
EC reschedules UP, Punjab, Kerala bypolls from Nov 13 to...
Coldplay's Chris Martin falls through stage trap door while performing live in Australia
Meet man, who is rising star in Tata Group after Ratan Tata's death, now tasked with...
'Nice handwriting': Internet reacts to Elon Musk's physics homework from his college days
AIIMS INI CET 2025 admit card releasing today at aiimsexams.ac.in; when and how to download
Sustainability Meets Innovation via uPVC: Industry expert shares experience
Promoting innovation in engineering education
AP TET 2024 exam result declared at aptet.apcfss.in; steps to check
AI-Powered Development: Insights from industry leaders on transforming software engineering
Another BIG move by BSNL, now set to provide tough competition to Jio, Airtel, Vi by...
Uttarakhand Bus Accident: 36 dead after bus falls into gorge in Almora; rescue operations underway
Bigg Boss 18: Vivian D'Sena accuses Chahat Pandey of pooping on floor, latter loses her cool
One of India's best wicketkeepers set to retire after this season, won't play IPL too, he is...
Research shows awe-inspiring details about Black Holes, they can...
US Presidential Election 2024: Harris vs Trump goes down to the wire, say polls
AP TET 2024 exam result to be declared today on aptet.apcfss.in, when and how to check
Shampoo, tea, biscuits, oil to get costlier soon? FMCG firms caution price hike as...
Swiggy fined Rs 35000 for duping Hyderabad customer by doing THIS
Delhi pollution: Air quality in Delhi-NCR further deteriorates, AQI hits 'severe' level
Indian mission condemns attack on Hindu devotees at Canada temple by ‘anti-India’ elements
'Upar se leke neeche tak...': Bigg Boss 18's Kashish Kapoor, Eisha Singh get into ugly spat
Man grows 500 kg pumpkin, uses it as boat to sail 70 km, SEE PIC
Devotees at Banke Bihari Temple drink AC water believing it to be 'Charan Amrit'; WATCH viral video
Bank Holidays in November: Banks to remain closed for four days in THESE states, full list here
Bhool Bhulaiyaa 3: Kartik Aaryan's mother struggles to get tickets, hilarious video goes viral
Mumbai Police arrest Maharashtra woman for hoax death threat to UP CM Yogi Adityanath
Kriti Sanon avoids posing with rumoured boyfriend Kabir Bahia at Mumbai airport, video goes viral
This is world's most expensive house, twice price of Mukesh Ambani's Antilia, it is located in...
SC to hear today Delhi govt's plea against vesting LG with power to appoint...