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24/08/2022 - Judiciary

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August 24, 2022

Do you think that the Supreme Court needs to lay down norms for release of convicts on remission? Comment (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

5 comments
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K. V. A 3 months

Pls review

IAS Parliament 3 months

Good attempt. Keep Writing.

PANDI SANTHOSH RAJA S 3 months

Kindly review

IAS Parliament 3 months

Try to include about article 72 briefly. Keep Writing.

IAS Parliament 3 months

KEY POINTS

·        Public-spirited activists have done well to challenge in the Supreme Court the premature release of 11 convicts who were serving life terms for the gang-rape of a woman and the murder of at least seven people during the 2002 anti-Muslim pogrom in Gujarat.

·        Bilkis Bano, the survivor, has not moved the courts so far, but it is clear that the controversial order of the Gujarat government, granting remission to the convicts, should be subject to judicial review.

·        While passing this order, the Bench also said the remission should be considered under a policy framed in July 1992, as that was the prevailing policy on the date of their 2008 conviction.

·        This meant that the bar on granting remission to those convicted for murder and rape, found in the current policy, will not apply to these convicts.

·        There are at least two grounds on which the remission order appears illegal. First, the State government made a decision on its own without consulting with the Centre.

·        Under Section 435 of the Code of Criminal Procedure, such consultation with the Centre is mandatory in cases probed by the CBI.

·        It can also spell out the contours of a rational remission policy, one that will be informed by humanitarian considerations as well as the scope for reform of the offenders and their sense of remorse.

Manish 3 months

Please Review for 15 marker !

IAS Parliament 3 months

Try to include about section 435 of CrPC. Keep Writing.

Meenu Vijayan 3 months

kindly review

IAS Parliament 3 months

Good attempt. Keep Writing.

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