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Wednesday, August 12, 2015

1991Rajiv Gandhi assassination case - Supreme Court of India(SCI)Reserves Verdict on Plea Challenging States’ Power of Remission Wednesday Aug 12,2015

The Supreme Court on Wednesday Aug 12,2015 reserved its verdict on Constitutional issues arising out of the Tamil Nadu government’s decision to cancel life sentences the Rajiv Gandhi assassination case convicts, including the power of State governments to remit sentences. 

A five-judge Constitution bench headed by Chief Justice H.L. Dattu would authoritatively deal with legal questions, including the scope of the Executive’s power of remission. 

It would also decide whether State governments also have power of remission in cases where central agencies like the CBI are the prosecutor. 

The Constitution bench would decide whether the sentence of a prisoner, whose death penalty has been commuted to life, can be remitted by the government. 

The bench would also decide whether life imprisonment meant jail term for rest of the life or a convict has a right to claim remission, it had said. 

The Centre had said it could not allow Tamil Nadu to “tinker” with the Supreme Court judgment and use its power of remission to release seven convicts whose death penalty was commuted to life imprisonment in the case

Noting that judicial interference in States’ power to remit sentences affects the right to personal liberty, the Tamil Nadu government on Thursday Aug 06,2015 drew a parallel between the assassinations of Mahatma Gandhi and the former Prime Minister Rajiv Gandhi.
“Within a short distance of the vicinity of the Supreme Court, the killer of Mahatma Gandhi was released after serving 16 years of imprisonment. Then why not Rajiv Gandhi case convicts? We should always leave window of hope open,” Tamil Nadu Government’s counsel Rakesh Dwivedi submitted before a five-judge Constitution Bench, led by Chief Justice of India H.L. Dattu.
Tamil Nadu Government’s counsel Rakesh Dwivedi was referring to Gopal Godse, brother of Nathuram Godse, who was held guilty as a co-conspirator of Gandhiji’s assassination in 1948, but was released in 1964.


Note
The SC on Feb 20,2014 stayed the TN Govt's decision to release three convicts — Murugan, Santhan and Perarivalan — whose death sentences were commuted to life term by it on February 18, 2014 in the case. 
The three convicts in the Rajiv Gandhi assassination case — Santhan, Murugan and G. Perarivalan alias Arivu — are seeking commutation of their death sentence to life imprisonment citing delay of over 11 years in deciding their mercy petitions by the President. File photo 

The SC  had later on also stayed the release of the four other convicts - Nalini, Robert Pious, Jayakumar and Ravichandran in the case, saying there were procedural lapses on the part of the State government.

The TN government led by CM J Jayalalithaa had decided to set free all the seven convicts who have been in jail for 23 years for their role in the assassination in Sriperumbudur. 

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