“The finest hour of rule of law is when law disciplines life and matches promise with performance.”

A woman deserves respect. Bilkis Yakub Rasool, being an unfortunate victim of heinous crimes, is challenging en-masse remission granted to Respondent Nos. 3 to 13.

The place of occurrence of an incident or place of imprisonment are not relevant considerations and same have been excluded from definition of an ‘appropriate Government’ in Section 432(7)(b), CrPC. If intention of Parliament was otherwise, same would have been indicated. Even in a case where trial has been transferred by this Court, it is still Government of State within which offender was sentenced which is an ‘appropriate Government’ and which has jurisdiction as well as competency to pass an order of remission under Section 432, CrPC. In view of Section 432(7) read with Section 432(1) and (2) of CrPC, Government of State of Gujarat had no jurisdiction to entertain prayers seeking remission of Respondent Nos. 3 to 13.

– Hon’ble Justice B.V. Nagarathna, Bilkis Yakub Rasool v. Union of India, [Writ Petition (Criminal) No. 491 of 2022].