New Delhi, April 25 – The Supreme Court on Friday referred the issue related to the release of the three assassins of former prime minister Rajiv Gandhi to a larger constitutional bench.
A bench headed by the outgoing Chief Justice of India, Justice P. Sathasivam, referred the matter pertaining to the controversial decision of Tamil Nadu Chief Minister J. Jayalalithaa to release the assassins – Murugan, Santhan and Perarivalan – soon after the apex court commuted their death sentences to life imprisonment earlier this month.
Now the constitutional bench will decide whether the state government has the right to pardon or reduce sentence in such cases. Delivering the order, Justice Sathasivam observed that the matter was first of its kind where Centre and state both were claiming that they have the authority to take such a decision.
The bench laid terms of referendums for the constitutional bench for the case, saying Centre and state as well as the SC have the power to release the convicts but whether the state could release them independently.
While taking up the matter, the constitutional bench has to take into consideration if the convicts are released then procedure should follow or not; if both the government have the power then who is having the supreme power and if the life term is over can the convicts be freed.
Section 432 of Code of Criminal Procedure (CrPC) says that appropriate government has the power to remit. In this matter, the Tamil Nadu government decided to remit the sentence of the assassins after the Supreme Court turned down the death sentence of convicts into life imprisonment.
After hearing apex court’s order, Arputhammal, mother of Perarivalan breaks down . Talking to mediapersons she said, ” I was eagerly waiting to hear the decision about my son. I thought I will meet you all with happiness. We have fought for 23 years. We have proved that he is innocent.”
Rajiv Gandhi was assassinated at Sriperumbudur near Chennai in 1991. In 1998, a special court had found all 26 accused guilty and awarded them death sentences. Later death sentence of 22 of them was commuted to life terms by the Supreme Court.
-INDIA TODAY
