Wednesday, February 8, 2023

Convicts in Bilkis Bano case released with Centre’s nod: Guj govt

The Gujarat government has told the Supreme Court that the 11 convicts in the Bilkis Bano case were released after the Centre’s approval.
In an affidavit, the state Home Department’s Under Secretary said 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 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. The affidavit said the state government considered the opinions of seven authorities—IG Prisons, Gujarat, Jail Superintendents, Jail Advisory Committee, District Magistrate, Police Superintendent, CBI, Special Crime Branch, Mumbai, and sessions court, Mumbai.
“After approval of the state government, orders have been issued on August 10, 2022 to release the prisoners. Hence, in 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…,” added the affidavit.
The affidavit said that all the convict prisoners have completed 14+ years in the 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 Home Ministry, by letter dated June 28, 2022 and sought the approval/suitable orders of the Centre. The affidavit said the state government is empowered to take the decisions on the proposal of premature release of prisoners under the provision of Sec. 432 and 433 of the CrPC.
“However, considering the provision of Sec 435 CrPC, it is indispensable to obtain the sanction of the Government of India in cases in which the investigation of the offence was carried out by a central investigation agency. In the present case, the investigation was carried out by CBI and the state government has obtained the approval/suitable orders of Government of India,” it added.

SourceNPN
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