Clemency powers and Remission policies
Context:
- Recently the Supreme Court of India set aside the remission of 11 convicts.
- The convicts were sentenced to life imprisonment for the gang rape of Bilkis Bano and murder of her family, during the 2002 communal riots in Gujarat.
- The remission order was passed by the Gujarat government in August 2022.
What are clemency powers in India?
- Under Article 72 and 161 of the Constitution both President and Governor have a power respectively to grant pardon, commutation, remission, respite or reprieve to a convict.
- These are not discretionary powers but sovereign powers vested in the heads of the Union and State executive to be exercised on the advice of the council of ministers.
- Besides it, the appropriate State government under Section 432 of the Criminal Procedure Code, 1973 (CrPC) may remit the whole or part of the punishment to which a convict has been sentenced.
- In case of life imprisonment convicts, this remission can be awarded only after a period of 14 years in jail as per Section 433A of the CrPC.
What did the Supreme Court rule?
- The Supreme Court in its order with respect to Bilkis Bano case categorically held that the Gujarat government is not the appropriate government to consider the remission petition of the convicts.
- It held that the appropriate government for considering the remission petitions in the concerning case is Maharashtra and it may consider their petitions in accordance with law and the guidelines laid down by the Court.
- It is expected from the Maharashtra government would follow the guidelines laid down by the Supreme Court in the Laxman Naskar case under which SC held that such crimes which affects the society at large deserve no mercy.
