BILKIS YAKUB RASOOL vs UNION OF INDIA

The Supreme Court addressed the maintainability of writ petitions under Article 32 concerning remission orders issued by the State of Gujarat. The Court held that such petitions can be maintained if they raise substantial questions of law and public interest. It further clarified that the State's power under Section 432(2) of the CrPC to grant remission requires the opinion of the presiding judge of the convicting court, emphasizing the need for a balanced approach between the rights of victims and the rehabilitative aims of punishment. The Court ultimately quashed the remission orders, ruling them as unlawful.