At today’s hearing, Senior Advocate Indira Jaising, appearing for Trinamool Congress (TMC) leader Mahua Moitra, pointed out that the people justifying the move to release the convicts emphasise that the convicts were Brahmins. She also object to how the convicts were garlanded on their release.
“What is wrong in being garlanded by family members?” countered Additional Solicitor General SV Raju, appearing for the Gujarat and Central governments.
Advocate Shobha Gupta stressed that the Central Bureau of Investigation (CBI), the Godhra district judge and an Additional Director General of Police had recommended against granting the convicts remission.
She added that the concerned jail superintendent did not examine the gravity of the offence and failed to record reasons for recommending their premature release.
“This a negligent exercise done very mechanically or perhaps done with deliberate carelessness, if not a callous approach,” she argued.
Senior Advocate Sidharth Luthra and Advocate Rishi Malhotra, representing two of the convicts, said they would be raising the issue of the locus of petitioners other than Bano.
Today was the second day of the hearing. The hearing is set to continue tomorrow.
Background
The Gujarat government had granted remission to the 11 convicts based on the May 2022 judgment of the apex court.
The 11 convicts who were set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.
The convicts, who had been sentenced to life imprisonment, were released by the Gujarat government ahead of the assembly polls in the State.
This led to the present batch of pleas before the top court challenging the remission.
On August 25 last year, the top court sought the response of the Gujarat government on some of the pleas.
Source: Barandbench
