New Delhi: A convict in the Bilkis Bano gangrape case has questioned the locus standi of the petitioners who have challenged in the Supreme Court the remission given to him and 10 other convicts in the case, saying they are "complete strangers" in the matter.
In his counter-affidavit, Radhey Shyam, who was recently released by the Gujarat government on remission, said that none of the petitioners are related to the case and are either political activists or "third party stranger".
Questioning the maintainability of the petition, he said if such petitions are entertained by the court, it would be an open invitation for any member of the public to "jump in any criminal matter before any court of law".
"That at the very outset the answering respondent seriously questions the locus as well as maintainability of the instant writ petition which has been filed by a political activist or in other words, a complete stranger to the instant case," he said.
He pointed out that the in the PIL questioning his release petitioner number one, CPI(M) leader Subhashini Ali, claims to be a former parliamentarian and Vice President of the All India Democratic Women's Association.
He noted that petitioner no 2, Revati Laul, claims to be an independent journalist, whereas petitioner no 3, Roop Rekha Verma, claims to be a former Vice Chancellor, Lucknow University.
The affidavit said, "That with great respect and humility, the answering respondent submits that if such types of third party petitions are entertained by this court, it would not only unsettle the settled position of law but would also open flood gates and would be an open invitation for any member of the public to jump in any criminal matter before any court of law".
The remission and consequent release of 11 convicts on August 15 this year from Godhra sub-jail under the Gujarat government's remission policy has sparked a debate on the issue of such relief in heinous cases. The convicts had completed more than 15 years in jail.
On August 25, the top court had sought responses from the Centre and the Gujarat government to the petition challenging the remission granted to the 11 convicts in the case.