PIL against remission in Bilkis Bano case misconceived, filed with political machinations, Gujarat tells SC

The Gujarat government has told the Supreme Court that a PIL filed by former CPM MP Subhashini Ali and others questioning validity of remission of 11 convicts in the Bilkis Bano case after 14 years jail was “misconceived and devoid of merits”.

The state is empowered under the law to take the decision on premature release after taking sanction from the Centre, it maintained.

“It is well established that a PIL is not maintainable in a criminal matter. The petitioner is in no way connected to the proceedings that either convicted the accused in question or with the proceedings which culminated in the grant of remission to the convicts. Thus, a petition at the instance of a mere busybody which has political machinations is liable to be dismissed,” the state government said in a written response.

The state government also submitted that all the convict prisoners have completed over 14 years in prison under life imprisonment and opinions of the concerned authorities have been obtained as per the policy of July 9, 1992.

“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. After approval of the state government, orders have been issued on 10.08.2022 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’,” it added.

The state government also pointed out since the investigation of the offence was carried out by a central investigation agency, Central Bureau of Investigation (CBI), it has obtained approval from the Union government.

The state government also asserted that the petition by Ali is neither maintainable in law nor tenable on facts.

“The petitioner, being a third party stranger, has no locus to challenge the remission orders passed by the competent authority strictly as per applicable law in the instant case under the garb of PIL,” it said.

Ali, along with journalist Revati Laul and Prof Roop Rekha Verma, had filed the plea against remission granted to 11 convicts. Among others, TMC MP Mahua Moitra has also filed a separate petition against the order.