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january 2024

Supreme Court of India · 2024-01-08

Bilkis Yakub Rasool vs Union Of India

Court
Supreme Court of India
Petitioner
Bilkis Yakub Rasool
Respondent
Union Of India
Author
B.V. Nagarathna
Bench
B.V. Nagarathna

Judgment text excerpt

The Supreme Court addressed the maintainability of writ petitions under Article 32 concerning remission orders issued by the State of Gujarat, specifically evaluating the applicability of Section 432(2) of the CrPC. The Court held that while the rights of victims must be considered, the state also has the authority to grant remission based on reformation principles. The judgment emphasized the need for a balance between the interests of justice for victims and the rehabilitative potential of convicts, ultimately upholding the state's discretion in remission matters.

Bilkis Yakub Rasool vs Union Of India · Niyam