Gujarat govt's reply in Bilkis case bulky, misses factual statements: SC

New Delhi: The Supreme Court on Tuesday remarked the Gujarat government's reply to pleas challenging the remission granted to 11 convicts in the Bilkis Bano gang-rape case was very bulky wherein a series of judgments had been quoted but factual statements were missing.
The court granted time to the petitioners to file their response to the Gujarat government's affidavit and said it would hear on November 29 the pleas challenging the remission of sentence and release of convicts in the 2002 case also involving the murder of seven members of her family during the Gujarat riots.
"I have not come across a counter affidavit where a series of judgments are quoted. Factual statement should have been made. A very bulky counter. Where is the factual statement...?" a bench headed by Justice Ajay Rastogi observed. The bench, also comprising Justice C T Ravikumar, directed that the reply filed by the Gujarat government be made available to all parties.
CPI(M) leader Subhashini Ali and two other women have filed the PIL against the remission of sentence of the convicts and their release. At the outset, advocate Kapil Sibal, appearing for the petitioners, submitted that he needed time to file the response.
Justice Rastogi observed that even before he could go through the Gujarat governmen''s reply, it was visible in the newspapers.
Solicitor General Tushar Mehta said: "The judgments were mentioned for easy reference, it could have been avoided". The SG submitted strangers and third parties cannot raise the challenge to the remission of sentence and release of the convicts.
The Gujarat government had on Monday defended in the apex court its decision to release the convicts in accordance with the 1992 remission policy since they had completed more than 14 years in prison and their conduct was found to be good.
It also clarified the convicts were not granted remission in consonance with the circular for grant of remission to prisoners as part of 'Azadi Ka Amrit Mahotsav' celebrations. The state home department said all the convicts had completed more than 14 years in prison under life imprisonment.
The Gujarat government told the SC that MHA had approved the premature release of the convicts vide letter dated July 11, 2022. Agencies