• UGI USER
  • Jan 10, 2024
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SUPREME COURT QUASHES REMISSION: BILKIS BANO CASE

Why in the News?

  • The Supreme Court nullifies Gujarat’s remission for 11 convicts in the Bilkis Bano gangrape case.
  • Convicts released on August 15, 2022, ordered to surrender within two weeks.

Basis for Quashing Remission:

  • Convicts’ release based on a 1992 Gujarat policy, subsequently replaced in 2014.
  • Gujarat lacked authority to consider remission as trial shifted to Mumbai in 2004.
  • Section 432 of CrPC specifies remission application jurisdiction based on the conviction’s location (Maharashtra, not Gujarat).
  • Failure to fulfill trial court’s fine condition and misrepresentation lead to remission quash.
  • The court underscores the significance of the rule of law, preventing executive lawlessness.
About Remission

Definition: 

·   Remission is the reduction of a sentence to a lesser duration, distinct from furlough and parole.

Constitutional Authority:

·   The President and Governor hold sovereign pardon power under the Constitution.

·   Article 72 grants the President authority for pardons, reprieves, and remissions, especially in court-martial cases, Union executive matters, and death sentences.

·   Article 161 empowers Governors for similar actions, extending to state-level cases.

Statutory Provisions:

·   The Code of Criminal Procedure (CrPC) governs remission due to prisons being a State Subject.

·   Statutory provisions allow for the reduction of prison sentences.