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Remission in Bilkis Bano Case, The Supreme Court annulled remission for 11…
Remission in Bilkis Bano Case
What is
Remission?
Provided under the Code of Criminal Procedure (CrPC) through Sections 432 and 433.
Defined under the Prison Act, 1894, and influenced by court cases like Kehar Singh vs. Union of India (1989).
Articles 72 and 161 grant pardoning powers to the President and Governors.
Special Remission Guidelines introduced for the Azadi Ka Amrit Mahotsav celebrations
Complete ending of a sentence at a reduced point; conditional release.
Grounds for
Remission
Supreme Court Guidelines: Factors like crime seriousness, co-accused status, and jail conduct are considered.
Criteria Established in ‘Laxman Naskar v. Union of India’ (2000): Outlines five specific grounds for considering remission.
Sentence Review Board's Role: States have a Sentence Review Board to exercise powers under Section 432 of the CrPC.
Bilkis Bano
Case Background
The controversial remission granted in August 2022, leading to legal challenges and public outrage.
Whether the Gujarat government had the authority to issue remission orders for the convicts.
Details the horrific gangrape during the 2002 Gujarat riots, subsequent legal proceedings, and convictions in 2008.
Supreme Court clarified that the appropriate government for remission decisions is where the sentencing occurred, not where the crime was committed.
Aftermath of
the Remission
The release sparked widespread public outrage and was seen as a miscarriage of justice.
The invalidated 1992 policy was applied, leading to the remission.
Bilkis Bano challenged the remission, emphasizing the heinous nature of the crime and its societal impact.
The Gujarat government argued its applicability as the conviction occurred before the stricter 2014 policy.
Conclusion
Clarifies jurisdictional authority in remission cases, emphasizing due process and legal consistency.
Sets a precedent for future remission cases, highlighting the importance of careful consideration of the crime's nature and societal impact.
Supreme Court's decision restores faith in the legal system's commitment to justice.
Way Forward
Regularly review and update the existing legal framework to address emerging challenges and uphold the principles of justice.
Encourage public participation in discussions and debates on significant legal matters to promote transparency and accountability in decision-making.
Initiate legislative reforms to streamline remission procedures, ensuring clarity in the application of policies and preventing potential misinterpretations.
The Supreme Court annulled remission for 11 men convicted in the 2002 Bilkis Bano Gangrape Case.