The premature release of 11 men convicted for the gang rape of Bilkis Bano and killing of her family during the 2002 Gujarat riots, was approved by the home ministry within two weeks and that the CBI had opposed the early release of the convicts, a court document shows, reports NDTV.
On Monday, the Gujarat government told the Supreme Court that the accused were released since they had shown good behaviour while serving jail term of 14 years. The state government also said that the its approval has also been conveyed by the centre.
The affidavit shows that on June 8, 2022, the state had sought the centre's approval for the release of the all 11 covicts in the case and has been okayed by the ministry on July 11.
Document further shows the early release of the covicts was opposed by the Central Bureau of Investigation (CBI), and a special civil judge. The top court at present is hearing three petitions challenging the release of the accused men.
Last year, the CBI has sent a letter to the superintendent of Godhra sub-jail where it wrote that the crime committed was "heinous, grave and serious" and hence the men cannot be released prematurely and no leniency may be given" to them, reports NDTV.
The special civil judge oppined that "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," reports NDTV.
The laws in the state as well as the Centre have restrictions on the premature release of people convicted of rape or sentece to life imprisonment and hence critics have questioned whether clearance of early bail was given by the Union home ministry.
One of the petitioners stated that the case was investigated by the CBI and hence the grant of remission solely by the Gujarat government without any consultation with the Central government is "impermissible" in terms of the mandate of Section 435 of the Code of Criminal Procedure, 1973, reports NDTV.
The top cout has directed the Gujarat government to file the entire Bikis Bano case proceedings as well the remission order given to the 11 covicts.