New Delhi: Though the Gujarat government told the Supreme Court that the 11 men who were convicted of gang-raping Bilkis Bano and murdering 14 people were released because of their “good behaviour”, reports have emerged that one of them was accused of harassing a woman while he was out on parole.
The reports also said that the men – who were released on August 15 with the Union government’s nod – had spent nearly or over 1,000 days outside prison prior to their release.
According to LiveLaw, Mitesh Chimanlal Bhatt, one of the 11 convicts in the case, was booked for outraging the modesty of a woman while out on parole. He’s charged under Indian Penal Code Sections 354 (outraging a woman’s modesty), 504 (intentional insult with intent to provoke breach of the peace), 506 (2) (punishment for criminal intimidation) in June 2020.
The case is pending before the court, the report added.
Nine other convicts repeatedly surrendered late when they were granted parole. They were warned for these violations and, in some cases, punishments were handed out. All this information was provided in the affidavit that the Gujarat government filed in the Supreme Court in the petitions challenging the release of the convicts.
On Tuesday, the top court tersely noted that the government’s affidavit was “very bulky” and contained a series of judgments but factual statements were missing. It will hear the petitions on November 29.
‘Good behaviour’
Separately, the Indian Express reported that before the release of the convicts in the gang-rape case for “good behaviour” on August 15, 10 of them were out of jail for more than 1,000 days each – on parole, furlough, temporary bail – and the 11th for 998 days.
The newspaper reported, citing the Gujarat government’s affidavit before the apex court, that Ramesh Chandana (58) was out of jail for the maximum number of days. He was out for 1,576 days (over four years) – including on parole for 1,198 days and furlough for 378 days.
The daily reported that his 14-day furlough was extended for 136 days between January and June 2015, after he was late to turn himself in by 122 days. In fact, of the 11 times he availed furlough leave, he had surrendered late thrice, another IE report said.
A case was also registered against him in 2015 under Prison Act 51 (a), and 51(b) for late surrender.
Also read: What Bilkis Bano Survived That Day in Gujarat, 2002
Parole and furlough are both forms of conditional release. Parole can be awarded in the case of short-term detention, whereas furlough is allowed in the case of long-term detention.
According to an explainer in the Indian Express, the period of furlough granted to a prisoner is treated as remission of his sentence. It is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason. In contrast, a parole is not seen as a matter of right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
The 11 convicts got an average of 1,176 days of leave each – furlough, parole and temporary bail — the details in the Gujarat government affidavit show, the report said.
Only one of them, Bakabhai Vahoniya (57), was out of jail for a total of 998 days.
Another convict, Rajubhai Soni (58), surrendered late, leading to a 90-day parole turning into a 287-day leave between September 2013 and July 2014. In total, he was out of jail for 1,348 days.
The oldest among the 11, Jaswant Nai (65), was out of jail for a total of 1,169 days with a 75-day late surrender in 2015 at Nashik jail, the report said.
Notably, Dahod superintendent of police, Hitesh Joysar, had asked for the opinion of Bano and her family with respect to the premature release of only one convict, Radheshyam Shah. They had “categorically said not to release him prematurely” and an entry to that effect was made in the station diary, the newspaper reported.
In the case of 10 others, no such opinion was sought from the family, it said.
The top court will hear on November 29 the pleas challenging the remission of sentence and release of 11 convicts in the case.