The Supreme Court on Tuesday scheduled the petitions for November 29 while criticising the Gujarat government for submitting a lengthy counter affidavit in response to the arguments made by three women’s rights activists, including Subhashini Ali, opposing the release of the 11 defendants in the Bilkis Bano case.
‘In the counter affidavit, a succession of judgements have been mentioned,’ a bench of judges led by Ajay Rastogi and C T Ravikumar stated. A number of conclusions were emerging as we investigated the counter affidavit. We were unaware of the factual statement and the location of the mental application.
Justice Rastogi said he has not come across a rebuttal affidavit where a number of decisions have been referenced in response to Solicitor General Tushar Mehta. Mehta agreed and said it could have been prevented. The Gujarati government informed the SC in a 477-page affidavit that the state opted to release the 11 offenders after serving out their 14-year sentences since their ‘behaviour was deemed to be good’ and with Central government clearance.
It further stated that the views of the Special Crime Branch, Mumbai, Sessions Court, Mumbai (CBI), District Magistrate, Police Superintendent, Gujarat State Inspector General of Prisons, Jail Superintendents, Jail Advisory Committee, and were taken into consideration. It questioned the petitioners’ standing, arguing that remission orders issued in conformity with the law shouldn’t be challenged by unrelated third parties.
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