The Supreme Court on Tuesday remarked that 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 and application mind 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.
"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.
CPI(M) leader Subhashini Ali and two other women have filed the PIL against the remission of sentence of the convicts and their release.
Senior advocate Kapil Sibal, appearing for the petitioners, sought 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 that 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.
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.
Gujarat Government’s proposal for premature release was approved by Union Home Ministry on July 11.