The
Supreme Court of India(SCI)on Wednesday July 09,2014restrained all states from exercising the
power of remission to release convicts serving life sentences until next
hearing, and sought their response on whether the Centre's nod is
needed for the purpose in cases prosecuted by central agencies like the
CBI.
A five-judge constitution bench headed by Chief Justice R.M. Lodha
issued notices to all state governments and asked them to file their
responses by July 18 so that the matter can be taken up on July 22.
The
issue of remission was referred to the Constitution bench after the
Centre challenged the Tamil Nadu government's decision to remit the
sentences of all seven convicts - including Murugan, Santhan, Arivu,
Nalini - in the Rajiv Gandhi assassination case.
The
bench made it clear that there is a need for a categorical response on
whether states have any role on the question of remission for life
convicts in cases handled by the CBI.
The court had on February 20 stayed Tamil Nadu's decision to release
three convicts whose death sentence was commuted to life term on
February 18.
When
the matter came up for hearing with the cases of others convicts in a
similar situation, including those in the Red Fort attack case,
Solicitor General Ranjit Kumar said Tamil Nadu has no power to exercise
jurisdiction in such cases.
"Today, Tamil Nadu has exercised power (of remission). Tomorrow other
states would also," he had said while reading out SC's April 25 order
when the matter was referred to the constitution bench.
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