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The Gujarat government wants the Supreme Court to drop certain adverse comments made against it in the Bilkis Bano case

Bilkis Bano case: Gujarat govt files review petition in SC, wants 'adverse comments' dropped   

The Gujarat government wants the Supreme Court to drop certain adverse comments made against it in the Bilkis Bano case

The Gujarat government on February 13 filed a review petition in the Supreme Court seeking to expunge certain adverse remarks made against it in the Bilkis Bano case.
The plea wants the apex court to drop references like 'state acted in tandem with convicts', and 'state was complicit'.
The government said that it was merely acting on the Supreme Court's 2022 judgement which directed it to consider the remission application of one of the convicts.
It has said in its review petition that it was "bound to comply" since it was a party to the case.
In August 2022, the 11 convicts, serving a life sentence, were granted premature release from jail after the Gujarat government accepted their remission applications in accordance with its 1992 policy, citing their 'good conduct' during imprisonment.
The convicts hail from Singvad and Randhikpur villages under Singvad taluka of Dahod district neighbouring Panchmahal district, where Godhra is located.
The top court had on January 8 annulled the remission the Gujarat government had granted to the convicts while slamming the state for being "complicit" with an accused and abusing its discretion.
The SC then ordered the convicts, who were released from Godhra district jail on Independence Day in 2022 after being in prison for 14 years, to go back to jail within two weeks. They surrendered before Godhra jail authorities on January 21.
Quashing the remission order, the Supreme Court had ruled that the Gujarat government lacked jurisdiction to grant premature release to the convicts as the trial in the 2002 case had been held in Maharashtra.
(With PTI inputs)
Also read | <a href="https://www.editorji.com/india-news/sc-denies-bilkis-bano-rapists-more-time-to-surrender-1705650805642">SC denies Bilkis Bano rapists more time to surrender</a>

All 11 convicts in the Bilkis Bano gang-rape case surrendered late night on January 21 at Godhra sub jail in Gujarat's Panchmahal district.

All convicts in Bilkis Bano gang-rape case go back to jail

All 11 convicts in the Bilkis Bano gang-rape case surrendered late night on January 21 at Godhra sub jail in Gujarat's Panchmahal district.

All 11 convicts in the Bilkis Bano case surrendered late Sunday night at Godhra sub jail in Gujarat's Panchmahal district in keeping with the deadline imposed by the Supreme Court.
"All 11 convicts have surrendered before jail authorities late Sunday night. They reached jail before midnight of January 21, which was the deadline set for them to surrender," said local Crime Branch inspector NL Desai.
The top court had on January 8 annulled the remission the Gujarat government granted to the 11 convicts in the high-profile case while slamming the State for being "complicit" with an accused and abusing its discretion. It ordered the convicts, who were released prematurely on Independence Day in 2022, to go back to jail within two weeks.
The apex court had on Friday rejected pleas of the convicts for grant of more time to surrender and had asked them to do so by Sunday.
The 11 convicts are Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Mordhiya, Radheshyam Shah, Rajubhai Soni, Ramesh Chandana and Shailesh Bhatt.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while trying to escape the horror of the communal riots that broke out after the Godhra train burning incident in February 2002. Her three-year-old daughter was among the seven family members killed.
In August 15, 2022, the 11 convicts, who had spent 14 years in jail as part of a life sentence, were granted premature release after the Gujarat government accepted their remission applications in accordance with its 1992 policy, citing their 'good conduct' during imprisonment.
The 11 are residents of Singvad and Randhikpur villages in Singvad taluka of Dahod district near Panchmahal.
Quashing the remission order, the Supreme Court had ruled that the Gujarat government lacked jurisdiction to grant premature release to the convicts as the trial had been held in Maharashtra.
Days after the apex court order, the convicts had moved the Supreme Court seeking more time to surrender on various grounds such as failing health, impending surgery, son's marriage and harvesting ripe crops.
These applications were dismissed by the apex court on Friday with the observation that the reasons cited had no merit.
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A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.
 

SC denies Bilkis Bano rapists more time to surrender

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.
&nbsp;

The Supreme Court on Friday dismissed a plea by 11 convicts in the case of gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 riots in Gujarat seeking an extension of time to surrender.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the convicts have no merits.
"We have heard senior counsel and counsel for the applicants and the counsel for the non-applicants also. The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit inasmuch as those reasons in no way prevent them from complying with our directions. Hence the miscellaneous applications are dismissed," the bench said.
The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts in the case, saying the orders were "stereotyped" and passed without application of mind.&nbsp;
It had asked the convicts to surrender before jail authorities by January 21.
The 11 convicts were sentenced to life in prison for gangrape and multiple counts of murder during the Godhra riots. The Gujarat government granted remission of sentences to all of them in August 2022 after they served just 14 years in jail.
The Bench of Justices B V Nagarathna and Ujjal Bhuyan ruled that the Gujarat government was not the competent authority to grant remission since the trial was held in Maharashtra.
&nbsp;

The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts and asked them to surrender before jail authorities in two weeks.

Bilkis Bano case convicts seek more time to surrender, SC agrees to hear plea

The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts and asked them to surrender before jail authorities in two weeks.

Three convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots in Gujarat moved the Supreme Court on Thursday seeking extension of time to surrender.
The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts in the case, saying the orders were "stereotyped" and passed without application of mind.
It had asked the convicts to surrender before jail authorities in two weeks.
The matter seeking extension of time was mentioned before a bench of Justices B V Nagarathana and Sanjay Karol on Thursday which asked the Registry to place the plea before the Chief Justice of India for reconstitution of the bench and listing of the applications tomorrow.
"It is stated by three respondents that applications have been filed for an extension of time to surrender and report to jail. Since the bench has to be reconstituted, registry to seek orders from CJI for reconstitution of the bench since time expires on Sunday," the bench said.&nbsp;
The apex was also told that other convicts in the case are also likely to apply for an extension during the course of the day. Justice Nagarathana said the petitions will then be heard together.
So far, extention of time for surrender has been sought by Govindbhai Nai, Mitesh Chimanlal Bhatt, and Ramesh Rupabhai Chandana, who are among 11 convicts sentenced to life imprisonment for multiple counts of rape and murder during the communal riots in Gujarat in 2002. The Gujarat government granted remission of sentences to all of them in August 2022 after they served 14 years in jail.
On January 8, the Supreme Court set aside the order for premature release of the convicts. The Bench of Justices BV Nagarathna and Ujjal Bhuyan ruled that the Gujarat government was not the competent authority to grant remission since the trial was held in Maharashtra.&nbsp;
The top court directed all 11 rapists to surrender within two weeks.
With inputs from PTI.
Also watch | <a href="https://www.editorji.com/india-news/sc-finds-bilkis-bano-s-plea-challenging-rapists-release-maintainable-1704690953419">Bilkis Bano case: SC says Gujarat govt didn't have powers to release, all rapists to return to jail</a>

Bilkis thanked the top court which quashed the remission of 11 men convicted of gangraping her and murdering seven of her family members during the 2002 Gujarat riots.

'I can breathe again': Bilkis Bano's first reaction after Supreme Court verdict

Bilkis thanked the top court which quashed the remission of 11 men convicted of gangraping her and murdering seven of her family members during the 2002 Gujarat riots.

This is what justice feels like, Bilkis Bano said after the Supreme Court on Monday quashed the remission granted to 11 men convicted of raping her and murdering seven members of her family during the 2002 riots in Gujarat.
While quashing the Gujarat government's decision to grant remission, the apex court also said the state government's order was "stereotyped" and passed without application of mind.
In a statement issued through her lawyer Shobha Gupta, Bano thanked the top court for the verdict and said "today is truly the New Year for me".
"I have wept tears of relief. I have smiled for the first time in over a year and half. I have hugged my children. It feels like a stone the size of a mountain has been lifted from my chest, and I can breathe again," Bano said.
"This is what justice feels like. I thank the honourable Supreme Court of India for giving me, my children and women everywhere this vindication and hope in the promise of equal justice for all," Bano said. Accusing the Gujarat government of abusing its power, the Supreme Court also ordered that the 11 men be sent back to jail within two weeks.
In the statement, Bano also said that journeys like that of hers can never be made alone.
"I have had my husband and my children by my side. I have had my friends who have given me so much love at a time of such hate, and held my hand at each difficult turn. I have had an extraordinary lawyer, Advocate Shobha Gupta, who has walked with me unwaveringly for over 20 long years, and who never allowed me to lose hope in the idea of justice," she said.
She said that "a year and half ago, on August 15, 2022, when those who had destroyed my family and terrorised my very existence, were given an early release, I simply collapsed".
Bano said she felt she had exhausted her "reservoir of courage", until a "million solidarities" came her way.
"Thousands of ordinary people and women of India came forward. They stood with me, spoke for me, and filed PIL petitions in the Supreme Court. 6,000 people from all over, and 8,500 people from Mumbai wrote appeals, 10,000 people wrote an Open Letter, as did 40,000 people from 29 districts of Karnataka," she said.
"To each of these people, my gratitude for your precious solidarity and strength. You gave me the will to struggle, to rescue the idea of justice not just for me, but for every woman in India. I thank you," Bano said.
She said even as she absorbs the full meaning of this verdict "for my own life, and for my children's lives, the 'dua' that emerges from my heart today is simple -- the rule of law, above all else and equality before law, for all".

Owaisi said that two BJP MLAs endorsed the release of the convicts. He added that a BJP MLA called the rapists 'Sanskari'.

Bilkis Bano verdict | BJP leaders garlanded rapists, recalls Asaduddin Owaisi

Owaisi said that two BJP MLAs endorsed the release of the convicts. He added that a BJP MLA called the rapists 'Sanskari'.

AIMIM president Asaduddin Owaisi on Monday demanded that the BJP governments at the Centre and in Gujarat apologise to Bilkis Bano in the wake of the Supreme Court judgment quashing the Gujarat government's decision to grant remission to 11 convicts in the Bilkis Bano case.
Accusing the Gujarat government of abusing its power, the Supreme Court on Monday quashed the remission to 11 men convicted of gangraping Bilkis Bano and murdering seven of her family members during the 2002 riots and ordered that they be sent back to jail within two weeks.
The Gujarat government's remission order was without application of mind, a bench of Justices B V Nagarathna and Ujjal Bhuyan said and asked whether "heinous crimes against women permit remission" whatever faith she may follow or creed she may belong to.
Reacting to the ruling, the Hyderabad MP said "I welcome this judgement and I hope it acts as a precedent against all the rapists in the future." Speaking to reporters here, Owaisi said this incident happened when Narendra Modi was the chief minister of Gujarat.
"The environment was so communally poisonous in Gujarat at that time that the trial in the case was shifted to Maharashtra," he said.
Two BJP MLAs endorsed the release of the convicts. One of the BJP MLA called these rapists as 'Sanskari', the AIMIM chief claimed.
"So the BJP government in Gujarat and the BJP government at the Centre both have helped in releasing these convicts in the case of gangrape of Bilkis Bano and murder of her family members and that is why I demand that the BJP government in Gujarat and the BJP government in Centre led by PM Narendra Modi they should speak up and apologise to Bilkis Bano. This is the minimum that can be done by the BJP," Owaisi demanded.
The rapists should understand that they will not be set free in view of the political ideology they subscribe to, Owaisi said.
When Narendra Modi talks about 'Nari Shakti' it is just a hollow claim, he alleged and said, "It has no relevance on the ground." All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022. Holding the PIL challenging the remission as maintainable, the bench said the Gujarat government was not the appropriate government to pass the remission order.

Congratulating Bano for continuing her fight bravely, Gandhi said after the order, public confidence in the justice system will be further strengthened.

Bilkis Bano verdict | BJP's anti-women policies exposed: Priyanka Gandhi

Congratulating Bano for continuing her fight bravely, Gandhi said after the order, public confidence in the justice system will be further strengthened.

Congress on January 8 hailed the Supreme Court judgment quashing the Gujarat government's decision to grant remission to 11 convicts in the Bilkis Bano gang-rape case.
In a post on X, Congress leader Priyanka Gandhi said that with the verdict, the veil over the anti-women policies of the BJP has been removed.
Congratulating Bano for continuing her fight bravely, Gandhi said after the order, public confidence in the justice system will be further strengthened.
The Congress' media and publicity head Pawan Khera said the Supreme Court judgment quashing the release of the 11 rapists by the Gujarat government "exposes the BJP's callous disregard for women".
"It is a slap on the face of those who facilitated the illegal release of these criminals and also those who garlanded the convicts and fed sweets to them...," Khera said.
"India will not allow the administration of justice to be incumbent on the religion or the caste of the victim or the perpetrator of a crime," he added.
In a post on 'X', the Congress said Bilkis Bano's rapists would go to jail again. The BJP government had got these rapists released, it said.
"This decision of the Supreme Court in the Bilkis Bano case is historic. This decision exposes the anti-women act of the BJP government of Gujarat in releasing the rapists of Bilkis Bano. This shows how disgusting the BJP's thinking is towards women," the party said in Hindi.

The Supreme Court on Monday quashed the Gujarat government's decision to grant remission to 11 convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots in the state

Bilkis Bano case: Supreme Court cancels own order, says fraudulently obtained

The Supreme Court on Monday quashed the Gujarat government's decision to grant remission to 11 convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots in the state

The Supreme Court while reversing the Gujarat government order that granted early release to the 11 men convicted for raping Bilkis Bano cancelled its own order issued in May 2022.&nbsp;
The top court said that a petition filed by one of the rapists, Radheshyam Shah in 2022, seeking directions to the Gujarat goverment to consider the remission of his sentence, was obtained by 'suppressing facts' and 'playing fraud on the court'.
'The convict played fraud on this court. The Gujarat High Court's order could not have been challenged in a writ petition, nor could it have been set aside in writ proceedings. Hence the said order is a nullity and non-est in law. Consequently, the May 2022 order is hit by fraud and is a nullity. It cannot be given effect to. All proceedings pursuant to the said order are vitiated,' the Supreme Court said.&nbsp;
The Supreme Court in its 2022 order had said that the matter of remission can be considered by the government of the state where the crime was committed even if the trial has been transferred to another state.&nbsp;
On Monday, while quashing the Gujarat govt's remission order, the Supreme Court said that the state govt was not the appropriate authority to pass the remission order. It said that the state, where an offender is tried and sentenced, is competent to decide the remission plea of convicts. The convicts in this case were tried by Maharashtra.
The court said the Gujarat government usurped power to grant remission to the rapists and it used its May 13, 2022 order to usurp power and abuses the process of law.&nbsp;
(with PTI inputs)
&nbsp;

The top court's strong observations came while hearing a plea in Bilkis Bano case. 

Bilkis Bano case: SC raises concerns over application of remission policy

The top court's strong observations came while hearing a plea in Bilkis Bano case.&nbsp;

The Supreme Court on August 17 advised the Gujarat government against the practice of granting remission selectively to convicts.
The apex court emphasized that every prisoner should be given the opportunity to reform and reintegrate into society.
The top court's strong observations came while hearing a plea in Bilkis Bano case.&nbsp;
The court also raised questions on the Jail Advisory Committee formed for Bilkis convicts asking on what basis the panel was formed, ordering the state to provide details.&nbsp;
The Gujarat government had released all 11 convicts involved in the Bilkis Bano gangrape case from the 2002 riots, and they were defending their decision in court.
&nbsp;

Her lawyer told the Apex Court that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.

SC's assurance to Bilkis Bano: plea against remission will be heard soon

Her lawyer told the Apex Court that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.

The Supreme Court on Tuesday assured Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, that her plea against the remission of the sentence of 11 convicts will be heard soon after the constitution of a new bench.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed at the earliest.
Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.
CJI Chandrachud said, "I will do so at the earliest. The matter will be listed soon". Earlier, on January 24, the hearing on Bano's plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
On that day, the petition was listed for hearing before a bench of Justices Rastogi and CT Ravikumar.
Both Justices Rastogi and Ravikumar were then busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on the execution of a "Living Will or Advance Medical Directive" for permitting passive euthanasia.
On January 4, Justice Trivedi had recused from hearing a batch of pleas challenging the remission of the sentence of 11 convicts in Bano's case. &nbsp; Bano had moved the apex court on November 30, 2022 challenging the "premature" release of 11 lifers by the state government, saying it has "shaken the conscience of society".
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court's May 13, 2022 order on a plea by a convict.
In its May 13, 2022 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All 11 convicts were granted remission by the Gujarat government and released on August 15, last year.
Bano's review plea against the May 13, 2022 order, however, was dismissed by the top court in December last year.
The victim, in her pending writ petition, has said the state government passed a "mechanical order" completely ignoring the requirement of law as laid down by the Supreme Court.
"The en-masse premature release of the convicts in the much talked about case of Bilkis Bano has shaken the conscience of the society and resulted in a number of agitations across the country," she has said in the plea.
Referring to past verdicts, the plea said en-masse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
"The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality," it said.
The plea, which gave minute details of the crime, said Bilkis and her grown-up daughters were "shell-shocked with this sudden development".
"When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated," it said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.&nbsp;

'Bilkis' rapists will be freed by you': Owaisi hits out at Shah over 'taught lessons to rioters' remark

The lesson you taught was that you will free the murderers of Bilkis' three-year-old daughter. You also taught us that Ahsan Jafri can be killed."

All India Majlis-E-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi on Friday lashed out at Union Home Minister Amit Shah for his "taught lessons to rioters in 2002" statement.
While addressing a public gathering at Juhapura, the largest Muslim ghetto in Gujarat, the AIMIM chief said, "Amit Shah today gave a statement during a public rally that they taught a lesson to the rioters of Gujarat in 2002 and the Bharatiya Janata Party (BJP) established permanent peace in the state. I want to tell the MP of this (Ahmedabad) constituency, Amit Shah, that the lesson you taught in 2002 was that Bilkis' rapists will be freed by you. The lesson you taught was that you will free the murderers of Bilkis' three-year-old daughter. You also taught us that Ahsan Jafri can be killed."
"Amit Shah, what lesson did you teach to the rioters of Delhi communal riots of 2020?" he further questioned. While pitching for its female nominee Zainab Sheikh from the Vejalpur constituency, Owaisi urged the voters to vote for the candidate, who would serve the public. "If you would vote for Congress or Aam Aadmi Party (AAP) then your vote will be wasted. Vote for AIMIM to utilise your vote," he insisted. The All India Majlis-e-Ittehadul Muslimeen (AIMIM) will field 14 candidates in the upcoming Gujarat Assembly polls.
AIMIM Gujarat State president Sabir Kabliwala earlier tweeted a list of candidates from Mandvi, Bhuj, Vadgam, Sidhdhapur, Vejalpur, Bapunagar, Dariyapur, Jamalpur Khadiya, Danilimda, Khambhadiya, Mangrol, Limbayat, Surat East and Godhara constituencies.
The Gujarat assembly elections are scheduled to be held in two phases on December 1 and December 5. Voting for 89 assembly seats will take place in the first phase, while for the remaining 93 assembly seats, voting will be held in the second phase of polling.
Also Watch| <a href="https://www.editorji.com/india-news/gujarat-polls-bjp-names-160-candidates-large-number-of-current-legislators-dropped-1668065065011">Gujarat polls: BJP names 160 candidates; large number of current legislators dropped</a>

'Where is the factual statement?': SC on Gujarat govt's reply in Bilkis Bano case

The apex court also pointed out that factual statements are missing from the reply although &nbsp;a series of judgments have been quoted.&nbsp;

The Supreme Court on Tuesday remarked the Gujarat government's reply to pleas challenging the remission granted to 11 convicts in the Bilkis Bano gang-rape case is very bulky wherein a series of judgments have been quoted but factual statements are missing.
The top court granted time to the petitioners to file their response to the Gujarat government's affidavit and said it will hear on November 29 the pleas challenging the remission of sentence and release of convicts in the 2002 case also involving the murder of seven members of her family during the Gujarat riots.
"I have not come across a counter affidavit where a series of judgments are quoted. Factual statement should have been made. A very bulky counter. Where is the factual statement, where is the application of mind?" a bench headed by Justice Ajay Rastogi observed.
The bench, also comprising Justice C T Ravikumar, directed that the reply filed by the Gujarat government be made available to all parties.
Senior CPI(M) leader Subhashini Ali and two other women have filed the PIL against the remission of sentence of the convicts and their release.
At the outset, senior advocate Kapil Sibal, appearing for the petitioners, submitted that he needed time to file the response.
Justice Rastogi observed that even before he could go through the Gujarat government's reply, it was visible in the newspapers.
Addressing Solicitor General Tushar Mehta, Justices Rastogi said he has not come across a counter affidavit where a series of judgments have been quoted.
Mehta concurred with the observation and said it could have been avoided. "The judgments were mentioned for easy reference, it could have been avoided," Mehta said.
The Solicitor General submitted strangers and third parties cannot raise the challenge to the remission of sentence and release of the convicts.
The apex court then granted time to the petitioners and posted the matter for hearing on November 29.
The Gujarat government had on Monday defended in the apex court its decision to release the convicts in accordance with the 1992 remission policy since they had completed more than 14 years in prison and their conduct was found to be good.
It also clarified the convicts were not granted remission in consonance with the circular for grant of remission to prisoners as part of 'Azadi Ka Amrit Mahotsav' celebrations.
The state home department said all the convicts had completed more than 14 years in prison under life imprisonment.
Also Watch| <a href="https://www.editorji.com/india-news/rahul-on-bilkis-bano-case-talk-of-respect-for-women-from-red-fort-but-support-for-rapists-1666086498131">Rahul on Bilkis Bano case: talk of respect for women from Red Fort but 'support' for rapists</a>
"Opinions of the concerned authorities have been obtained as per the policy of July 9, 1992 and submitted to the ministry of home affairs, government of India, vide letter dated June 28, 2022, and sought the approval/suitable orders of India," the affidavit stated.
The Gujarat government told the top court the Ministry of Home Affairs, Government of India, approved the premature release of the convicts vide letter dated July 11, 2022.
The reply also disclosed the proposal for the 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.
Bilkis Bano was 21 years old and five-month pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The 11 men convicted in the case walked out free from the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy.
The 11 convicts granted premature release are Jaswantbhai Nai, Govindbhai Nai, Shailesh Bhatt, Radheshyam Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The state government had submitted its reply to a PIL filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, and Roop Rekha Verma, who is a former vice chancellor of the Lucknow University.
The Gujarat government's affidavit had said, "A bare perusal of the circumstances in which the present petition is filed manifest that the petitioner is not an aggrieved person but a mere interloper, who has invoked Article 32 jurisdiction vested with this court under the Constitution of India, for extraneous purpose".
Referring to a 1976 verdict of the apex court, the state government said a person aggrieved should be one who has personal and individual right in the subject matter and that there is infringement of the said legal right or prejudice to some legal interest. &nbsp; The affidavit noted the petitioner being a "third-party stranger", has no locus to challenge the remission order passed by the competent authority as per applicable law in the instant case under the "garb of PIL". &nbsp; The state government had said it is its bona fide belief that the present petition is nothing but an abuse of PIL jurisdiction of this court and is motivated by "political intrigues and machinations".
On September 25, a convict Radhey Shyam had also questioned the locus standi of the petitioners challenging the remission given to him and the 10 other convicts in the case, saying they are "complete strangers" in the matter.
On August 25, the top court had sought responses from the Centre and the Gujarat government to the petition challenging the remission granted to the 11 convicts in the case.

While asking the govt to make its stand clear on submitting the files, the top court said that the question is whether government applied its mind

Bilkis Bano case: Gujarat govt claims 'privilege', may seek review of SC order on rapists' release

Bilkis Bano case: Centre, Guj govt may seek review of SC order
SC asked Centre, Gujarat govt to submit files on release of&nbsp;convicts&nbsp;
SC: did govt apply mind while freeing Bilkis Bano convicts?

Bilkis Bano case: Govt claims 'privilege', may seek review of SC order on rapists' release

While asking the govt to make its stand clear on submitting the files, the top court said that the question is whether government applied its mind

The Centre and the Gujarat government on Tuesday told the Supreme Court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts in the Bilkis Bano case.
A bench of Justices K M Joseph and B V Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the state.
It said, "A pregnant woman was gang-raped and several people were killed. You cannot compare victim's case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally."
"The question is whether government applied its mind and what material formed the basis of its decision to grant remission," the bench said, adding, &ldquo;Today it is Bilkis but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions."
The bench posted the batch of pleas challenging the remission to the convicts in Bilkis Bano case for final disposal on May 2 and asked all the convicts who have not been served notices to file their replies.
It asked the Centre and the state to make its stand clear about filing of a review plea.
On March 27, terming Bilkis Bano's gang-rape and the murder of her family members during the 2002 Godhra riots as a "horrendous" act, the Supreme Court had asked the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts in the case.
It had sought a response from the Centre, Gujarat government and others on a plea filed by Bilkis Bano, who was gang-raped and seven members of her family were killed during the 2002 post-Godhra riots.
Bano has challenged the remission of sentence of 11 convicts in the case.
All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The top court is seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.&nbsp;

bilkis bano case

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