For the common citizen it is difficult to understand as to why, at all, there should be any need to consider remission of sentences in gruesome criminal cases. Cold blooded murder, rape, and, riots are extreme human wrongs and no amount of harangue by the Human Rights heroes should be allowed to dilute the hideous nature of the crime and provide scope for the remission of the punishment awarded after a fair trial, writes Prof. H C Pande
The Supreme Court judgement delivered in the Bilkis Bano case is most welcome. It has strengthened the belief of the common citizen in the law of Karma, though not in the wisdom of the law courts. There can be no two opinions that gruesome crimes should never be condoned, and, nothing could be more ghastly than a gang rape, or more grisly than a bloody riot.Here was a case of a double dreadful deed, where there could be absolutely no room for even the thought of remission of punishment. Yet the life punishment was condoned after the convicts had served only 14 years of a life sentence. The issue is how this was possible within the framework of law as now existing.
The Supreme Court itself had in this case, in an earlier judgement, allowed the Gujarat Government to consider the remission application since the crime was committed in that state. So the action of the state government was without any technical flaw. Further, as of now, the power of remission of imprisonment solely rests with the state government to be exercised at their discretion. Discretion is an open ended term which is very subjective and by definition cannot be dictated. The authority empowered with discretion can only exercise it as per their wisdom and understanding. Here again there has been no violation of the law.Clearly in this matter the Supreme Court can not berate and chastise the Gujarat government as the boot is on the other leg.
For the common citizen it is difficult to understand as to why, at all, there should be any need to consider remission of sentences in gruesome criminal cases. Cold blooded murder, rape, and, riots are extreme human wrongs and no amount of harangue by the Human Rights heroes should be allowed to dilute the hideous nature of the crime and provide scope for the remission of the punishment awarded after a fair trial.
A retrial can be thought of but certainly no remission.The Hon’ble Court should take cognisance,Suo Motu,of all the provisions in law that allow any kind of leniency for the perpetrators of such dastardly crimes and make the necessary amendments to ensure that justice to the victims of such terrible crimes is neither delayed nor denied,and,the perpetrators of such crimes are awarded exemplary punishment.Bending over backwards to accommodate the views of armchair saviours of humanity is only a wasted effort to straighten the proverbial doggie’s tail.
(Prof. H C Pande is Vice Chancellor Emeritus , BITS, Mesra)
