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. |