Ten of the 11 men sentenced to life for the 2002 gang rape of Bilkis Bano, were out of jail for over 1000 days each, while the 11th was out for 998 days before they were all released for "good behaviour" by the Gujarat government on August 15, this year.
As per the Gujarat government's affidavit placed before the Supreme Court, Ramesh Chandana, 58, was out of jail for 1576 days out of which parole was for 1198 days and furlough for 378 days. This was the maximum among the 11 convicts. Chandana spent nearly four years out of jail during his 14 years behind bars. Between January and June 2015, a 14-day furlough stretched to 136 days after the convict was late by 122 days to turn himself in, as per documents accessed by DH.
Rajubhai Soni, 58, was on leave for a total of 1348 days and had a 197-day late surrender between September 2013 and July 2014. His 90-day parole from Nashik became a 287-day leave due to a late surrender.
Jaswant Nai, 65, is the oldest of the convicts and was out for 1169 days with a 75-day late surrender in 2015 at the Nashik jail. The affidavit details show the 11 convicts got an average of 1176 days of leave each - including parole, furlough, and temporary bail. Only one, Bakabhai Vahoniya, 57, was out of jail for 998 days.
Furlough and parole refer to temporary releases from custody. Parole is usually granted for a maximum period of a month, for a specific reason in short-term imprisonment. Furlough is usually for a maximum of 14 days after one serves a specified minimum period in a long-term prison sentence.
Bilkis was gang-raped and her three-year-old daughter was among the 14 killed by a mob on March 3, 2002, in Limkheda taluka in the Dahod district, during the Gujarat riots. The Gujarat government on October 17, told the Supreme Court, that the Bilkis Bano case convicts were released since they had "completed 14 years and above in prison...their behaviour was found to be good." They added that the Centre had conveyed its "concurrence/approval" as well.
The affidavit - filed in response to petitions challenging the prisoners being remitted - further notes that the Dahod SP asked the victim and her relatives about the premature release of Radheshyam Shah, to which they had "categorically" replied in the negative. However, the Gujarat Home Department - while seeking approval and opinion of the Ministry of Home Affairs - said that nine members out of 10 in the jail advisory committee had recommended a premature release for Shri Radheshyam Bhagwandas Shah, besides the early releases.
The CBI and Special Court were opposed to the decision and the nod it received from the Narendra Modi government.