Rajiv killers cannot be freed without Centre’s “concurrence” as CBI was probe agency: SC Constitution Bench [Read Judgment]
For now, the seven life convicts in the Rajiv Gandhi assassination case which includes four Sri Lankans, will remain in Vellore Central Prison in Tamil Nadu, as a five judge Constitution bench of the Supreme Court today ruled that the Tamil Nadu government headed by J Jayalalithaa could not have unilaterally granted them remission.However their fate of V. Sriharan alias Murugan, Santhan,. For now, the seven life convicts in the Rajiv Gandhi assassination case which includes four Sri Lankans, will remain in Vellore Central Prison in Tamil Nadu, as a five judge Constitution bench of the Supreme Court today ruled that the Tamil Nadu government headed by J Jayalalithaa could not have unilaterally granted them remission. ‘REMISSION CAN BE CANCELLED’ Holding that life sentence in such cases should mean life in jail till death, Significantly the bench by 3:2 majority upheld the 2008 Swamy Shradananda judgment which said courts can ignore remission right of prisoner in heinous crimes like mass murder and terrorism by awarding sentences ranging from 20 to 40 years unless it is not rarest of rare offences m eritting death sentence Interpreting Section 435 of the CrPC, the judgment authored by Justice F.M.I Khalifulla held that the word 'consultation' means 'concurrence'. The Centre's petition said: "State is not an appropriate authority to take a decision on the remission of sentence in this case and the Tamil Nadu government has thrown statutory safeguard to the winds.
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