On October 17, 2022, the Government of Gujarat told Supreme Court that it has opted to release all eleven convicts in the Bilkis Bano gang rape case under a 1992 remission policy because they have served more than 14 years in prison and have demonstrated good behaviour after the Central government also approved the pre-mature release of convicts.

The government has also stated that the decision was made in accordance with the policy dated 09.07.1992 "as directed by" the apex court and not "under the circular governing grant of remission to prisoners as part of the celebration of 'Azadi Ka Amrit Mahotsav.'" The government has told the apex court that it considered the opinions of seven authorities before granting the remission.

The affidavit stated, "The state government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prison and their behaviour was found to be good."

According to the government response, while the proposal for the convicts' premature release was opposed by the SP, Central Bureau of Investigation, SCB, Mumbai, and Special Judge (CBI), City Civil & Sessions Court, Greater Bombay, all authorities in Gujarat expressed support for the release of ten convicts. However, the premature release of prisoner Radheshyam Bhagwandas Shah alias Lala Vakil was also opposed by SP Dahod and DM Dahod; even the Additional Director General of Police, Prisons, and Correctional Administration, Ahmedabad, did not recommend his release.

It was stated in the affidavit of the state that“Like a third party stranger either under the provisions of the code or under any other statute is precluded to question the correctness of the grant or refusal of sanction for prosecution or the conviction and sentence imposed by the court after a regular trial, similarly a third party stranger is precluded from questioning a remission order passed by the state government which is strictly in accordance with the law," 

The submissions were made in response to a petition filed by Subhashini Ali, a member of the Communist Party of India (Marxist), journalist Revati Laul, and Professor Roop Rekha Verma, who objected to the convicts in the Bilkis Bano case being released prematurely. The government has said the plea is neither maintainable in law nor tenable on facts and argued that the petitioners have no locus to challenge the remission orders. The Government stated that "It is well established that a PIL is not maintainable in a criminal matter. The petitioner is in no way connected to the proceedings which either convicted the accused in question nor with the proceedings which culminated in grant of remission to the convicts."

The affidavit further stated that "A third party stranger either under the provisions of the Code or under any other statute is precluded from questioning the correctness of grant or refusal of 'sanction for prosecution' or the conviction and sentence imposed by the court after a regular trial, similarly a third party stranger is precluded from questioning a remission order passed by the state government which is strictly in accordance with law,"

On August 15, 2022, all of the convicts were released from a Godhra jail after the Gujarat government granted them remission.