The Supreme Court today held that the Tamil Nadu government cannot unilaterally decide on the remission of sentence in cases where the investigation was carried out by Central agencies..The judgment was pronounced by a Constitution Bench of Chief Justice HL Dattu and FML Kalifulla, PC Ghose, AM Sapre and UU Lalit JJ. in the case pertaining to release of convicts in the Rajiv Gandhi assassination case. Justice Lalit and Justice Sapre dissented from the majority judgment..The Court held that in cases where investigation is conducted by Central agencies, the Centre’s permission has to be obtained before deciding on remission of sentence of the convicts. Interestingly, the Court has not pronounced on the legality of the order of the Tamil Nadu government releasing the seven convicts. Instead the said question has been referred to a three-judge Bench..The Supreme Court in February 2014 had commuted the death sentence awarded to 7 convicts in the assassination of Rajiv Gandhi. Soon thereafter, the Tamil Nadu government had ordered the release of the convicts. This direction was then challenged by the Centre in the Supreme Court..The Centre’s petition was heard by a Constitution Bench, with judgment reserved in August this year.
The Supreme Court today held that the Tamil Nadu government cannot unilaterally decide on the remission of sentence in cases where the investigation was carried out by Central agencies..The judgment was pronounced by a Constitution Bench of Chief Justice HL Dattu and FML Kalifulla, PC Ghose, AM Sapre and UU Lalit JJ. in the case pertaining to release of convicts in the Rajiv Gandhi assassination case. Justice Lalit and Justice Sapre dissented from the majority judgment..The Court held that in cases where investigation is conducted by Central agencies, the Centre’s permission has to be obtained before deciding on remission of sentence of the convicts. Interestingly, the Court has not pronounced on the legality of the order of the Tamil Nadu government releasing the seven convicts. Instead the said question has been referred to a three-judge Bench..The Supreme Court in February 2014 had commuted the death sentence awarded to 7 convicts in the assassination of Rajiv Gandhi. Soon thereafter, the Tamil Nadu government had ordered the release of the convicts. This direction was then challenged by the Centre in the Supreme Court..The Centre’s petition was heard by a Constitution Bench, with judgment reserved in August this year.