A | New Delhi, Oct 17 (UNI) The Gujarat government in its detailed affidavit filed before the Supreme Court in Bilkis Bano's 11 convicts remission case, said that third party strangers have no locus to challenge remission orders passed by competent authority strictly as per applicable law.
"It is pertinent to note that the petitioner, (Subhashini Ali) who is admittedly a political functionary, has not even pleaded that how she has the locus to seek for quashing the order of remission passed by the Respondent number 1 (Gujarat government) with respect to the 11 convicts sentenced by the Special Judge, Greater Mumbai," the Gujarat government in its detailed affidavit filed before the Supreme Court said.
Questioning the maintainability of the batch of pleas challenging the release of 11 convicts in Bilkis Bano case, Gujarat Govt has told the Top Court in its affidavit said that the petitioner (Subhashini Ali and others) has nowhere in the petition has pleaded as to how her fundamental rights have been abridged.
"The petitioner (Ali) also failed to establish as to how she is aggrieved by the action of the State Government. The mandatory pleadings of locus and infringement of fundamental rights is conspicuously missing from the petition," the affidavit copy of the Gujarat government, filed before the Supreme Court, said.
The Gujarat government has filed its affidavit after complying with the Supreme Court's order, which had heard the petitions by Subhashini Ali and others challenging the remission of the 11 convicts in the Bilkis Bano case.
The Supreme Court will tomorrow hear the petitions filed by CPI (M) Memnber of Parliament (MP) - Subhashini Ali, journalist Revati Laul and Prof Roop Rekha Verma challenging the Gujarat Government’s decision to grant remission to 11 convicts for killing 14 persons and sexually assaulting pregnant Bilkis Bano during the 2002 post-Godhra riots.
The Gujarat government had on August 10, 2022, in its order granted remission to 11 convicted rapists and child murderers from jail, which created a hue and cry in the society.
"It is the bonafide belief of the state government that the present petition is nothing but an abuse of PIL (Public Interest Litigation) jurisdiction of this court. Thereby this Court should dismiss all the related pleas challenging the remission granted to 11 convicts in Bilkis Bano case.
The State Government has considered the cases of all 11 Prisoners as per the policy of 1992 and remission was granted on August 10, 2022, it said.
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 August 10, 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 "Azad Amrit Mahotsav," the Gujarat government said, in its affidavit.
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