The Gujarat government released 11 convicts in the Bilkis Bano case of the 2002 Gujarat riots, relying on a 1992 policy following the direction of the Supreme Court, while the State government’s revised policy of 2014 would have made them ineligible for remission. The 2014 policy bars out-of-turn release of prisoners convicted for rape and murder. A State government official said the decision to release the prisoners was taken as per the 1992 policy based on the Supreme Court’s order on May 13.
The SC said, “The respondents (State of Gujarat) are directed to consider the application of the petitioner for premature release in terms of its policy dated 9th July 1992 which is applicable on the date of conviction and may be decided within a period of two months.”
One of the convicts, Radhesyam Bhagwandas Shah, had moved the apex court this year “seeking direction in the nature of Mandamus (judicial writ) to the State of Gujarat” to consider his application for premature release under the Gujarat Government’s July 9, 1992 policy, which existed at the time of his conviction. His previous such plea with the Gujarat High Court was declined as the trial concluded in Maharashtra.
