Guj to SC: convict in Bilkis Banu case outraged woman's modesty on parole in 2020

New Delhi: The Gujarati government has informed the Supreme Court that one of the Bilkis Bano case convicts was charged with insulting a woman's modesty in 2020 while on parole.

In response to petitions opposing the release of 11 convicts in the Bilkis Bano case, the state government filed a 477-page affidavit with the Supreme Court. Before being released on the terms of a life sentence reduction, it was claimed that the prisoners had been out on parole for about 1,000 days.

Mitesh Chamanlal Bhatt, one of the prisoners, was charged with violating the IPC's Sections 354 (outraging the modesty of women), 504 (insult intended to provoke breach of the peace), and 506 (criminal intimidation), each of which carries a potential sentence of seven years in prison, a fine, or both, while on parole.

The state government further added that all convicts were granted furlough, parole, and even temporary bail at different points during the period of their imprisonment -- 1,576 days being the highest and 998 days lowest.

The District Magistrate of Dahod gave information about Bhatt in his letter dated May 25, 2022. He gave his opinion about his premature release under sections 432-433A of the CrPC --- relating to suspension and remission of the punishment of convicts.

The letter said the case against Bhatt was registered in Randhikpur police station in Dahod district, and a charge sheet has been filed and the case is pending on the board of the court. The letter said the incident occurred on June 19, 2020, and since then Bhatt enjoyed 281 leaves out of the total 954 days of parole and furlough leaves to date, May 25, 2022.

The Collector gave no objection to Bhatt's premature release after considering the opinion of the police sub-inspector, Randhikpur, and the Deputy Superintendent of Police of Limkheda.

In an affidavit, the Gujarat government told the Supreme Court that it decided to release the 11 convicts in the Bilkis Bano case as they had completed 14 years and above in prison and their behaviour was found to be good and also the Centre had also conveyed its "concurrence/approval".

The state government also added that the Superintendent of Police, CBI, Special Crime Branch, Mumbai and the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay, had, in March last year, opposed the premature release of the convicts.

The CBI official, in letters to the superintendent of Godhra sub-jail, said the offence committed by the convicts was heinous, grave and serious, hence they cannot be released prematurely.

In an affidavit, the state Home Department's Under Secretary said: "The Government of India conveyed the concurrence/ approval of the Central Government under section 435 of the CrPC for premature release of 11 prisoners vide letter dated July 11, 2022a.

The affidavit said the state government considered the opinions of seven authorities --the Inspector General of Prisons, Gujarat, the Jail Superintendents, the Jail Advisory Committee, the District Magistrate, the Police Superintendent, the CBI, the Special Crime Branch, Mumbai, and the sessions court, Mumbai.

The Gujarat government's response came on a plea filed by CPI-M's former MP Subhasini Ali, journalist Revati Laul, and Prof Roop Rekha Verma, challenging the release of 11 men convicted for the gang rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots. Petitions challenging the release of the convicts have been filed by Trinamool Congress MP Mahua Moitra and others.

On October 18, the top court granted time to petitioners to file their response to the state government's counter-affidavit and scheduled the matter for further hearing on November 29.

With inputs from IANS