The Central Government has approved premature release of 11 prisoners under section 435 of the CrPC
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The Gujarat government has told the Supreme Court that the 11 convicts in the Bilkis Bano case were released since the Centre approved their release and their behaviour was found to be good.
The Central Government has approved premature release of 11 prisoners under section 435 of the CrPC.
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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, 2022," it added.
"I say that 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," the affidavit added.
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"After approval of the state government, orders have been issued on August 10, 2022 to release the prisoners. Hence, in the instant 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 the celebration of 'Azadi Ka Amrit Mahotsav'," added the affidavit.
The affidavit said that all the convict prisoners have completed 14+ years in prison under life imprisonment and opinions of the concerned authorities have been obtained as per the policy of July 9, 1992, and submitted to the Ministry of Home Affairs, by letter dated June 28, 2022 and sought the approval/suitable orders of the Centre.
The Gujarat government denied each and every assertion made by the petitioners and said the petition is not maintainable in law nor tenable on facts. "The petitioner, being a third stranger, has no locus to challenge the remission orders by the competent authority strictly as per applicable law in the instant case under the garb of a PIL," said the affidavit.
On September 9, the Supreme Court directed the Gujarat government to file all records, which formed the basis for granting remission to all the accused in the case.
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