Apex Court Reserves Verdict in Rajiv Killers' Case

Court to clarify on remission powers; substitution for death penalty

Published: 13th August 2015 04:30 AM  |   Last Updated: 13th August 2015 04:30 AM   |  A+A-

NEW DELHI:The Supreme Court on Wednesday reserved its verdict on constitutional issues arising out of Tamil Nadu government’s decision to set free the convicts in the Rajiv Gandhi assassination case, including the power of States to remit sentences.

SC.jpgA five-judge Constitution Bench headed by Chief Justice H L Dattu would authoritatively deal with questions raised by the smaller Bench while staying the State government’s decision to set free seven convicts in the sensational case.

The Bench heard the arguments for 11 days by various parties in the case. including Solicitor General Ranjit Kumar, who appeared for the Centre.

The court would be dealing with seven issues framed by the smaller Bench on the scope of executives’ power of remission. It would decide whether State governments also have power of remission in cases where central agencies like CBI are the prosecutor.

The issue of such a nature has been raised for the first time in this court, which has wide ramification in determining the scope of application of power of remission by the executives, both the Centre and the State.

It had said 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.

Another issue for the Constitution Bench to decide is whether a special category of sentence could be provided for cases where death penalty might be substituted by imprisonment for life or imprisonment for a term in excess of 14 years and to put that category beyond application of remission. It will also rule on whether the Union or the State has primacy over the subject matter enlisted in the concurrent list of the 7th Schedule of the Constitution for exercise of power of remission.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp