In Brief
This case concerned the premature release and remission of 11 convicts sentenced for heinous crimes—gang rape, murder, and communal violence during the 2002 Gujarat riots. A victim (Bilkis Yakub Rasool) challenged remission orders granted by Gujarat State. The Court held: (1) the victim's petition was maintainable under Article 32; (2) only Maharashtra State (where convicts were sentenced) was the "appropriate Government" to grant remission, not Gujarat; (3) a prior Supreme Court order directing Gujarat to consider remission was obtained by fraud and is a nullity; and (4) rule of law must prevail over personal liberty earned through breach of law. The Court quashed the remission orders and directed convicts to return to prison within two weeks, emphasizing that compassion cannot override the rule of law.
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