TN made its own interpretation

Jayaraj Sivan & Julie Mariappan | TNN  11.09.2018

The Tamil Nadu cabinet’s decision to release all the seven convicted in the Rajiv Gandhi assassination case and the debates surrounding the issue turn out to be a case of the political class in the state making much sound and fury about the Supreme Court observation in the A G Perarivalan case.

The September 6 observation of the apex court - which states that Tamil Nadu governor is naturally “at liberty to decide” on Perarivalan’s application filed before him under Article 161 of the Constitution “as deemed fit” – is not an adjudicatory judgment and does not make any marked difference in the earlier stated position regarding the jurisdictional aspects of the case.

While considering the state government’s remission power under Section 435 of CrPC, a five-judge Constitution Bench of the SC, on December 2, 2015, had ruled that states could not remit sentences of convicts in cases investigated by central agencies under any central law. The Constitution Bench made it amply clear that the Centre’s concurrence was mandatory for states to decide on remission in cases involving heinous crimes, especially when national interest was at stake. Now, Tamil Nadu government is invoking Article 161 of the Constitution, arguing that it can decide on the remission of not only Perarivalan, but the remaining six people as well.

Following the cabinet decision, the government on Monday sent individual case files of all the seven convicts to governor Banwarilal Purohit, seeking their release. The government has also enclosed the legal opinion provided by its advocate general Vijay Narayan to drive home its argument.

The opposition parties in Tamil Nadu, including the DMK and the PMK, jumped the gun to celebrate the SC order following incorrect reporting by a section of media. Perhaps, sensing that the issue lends itself for some political mileage, the state government has sought to play it to the gallery. “In this case, TN government has kept the political reasoning to the fore, pushing the law around the case to the back seat,” said senior advocate K M Vijayan.

Law minister C V Shanmugam said the convicts had completed a quarter century in prison. “The government is very firm. After the SC order, we wasted no time in adhering to it,” he said, expressing hope that Purohit also would act fast.

“The Supreme Court has specifically given the liberty to the governor to consider the application of Perarivalan under Article 161 of the Constitution. My opinion goes on to say that what transpires in the case of Perarivalan will apply to all since they have also made similar applications to the state. That is logical,” Narayan told TOI. His argument is that since the only sentence they serve now is under Section 302 of IPC, which falls in the state list, Tamil Nadu government is well within its rights to decide their release. Given the Centre’s objection, the governor may not play ball though.

DECISION AWAITS

Guv’s options range from traditional to adventurous

All Eyes On Governor’s Next Move On The Issue Of Rajiv Murder Convicts

A.Subramani and B Sivakumar | TNN  11.10.2018

Now that the Tamil Nadu cabinet’s decision to release the seven convicts in the Rajiv Gandhi assassination case is fait accompli, there are at least three theoretical possibilities. The options open to the Tamil Nadu governor range from the conventional to the adventurous, irrespective of the legal and political advice he gets.

One, he can sit on the cabinet recommendation endlessly, as Article 161 of the Constitution does not prescribe any time limit for him to take a decision on the cabinet resolution. Two, he can return the resolution to the cabinet for clarification or reconsideration. The third option, which could be the most adventurous, is he can reject the resolution prompting the stake-holders to take the issue to courts, where it will be a time-consuming process. Former Lok Sabha secretary general Subhash Kashyap said under Article 161, the governor did not have any time limit for giving his decision. “He can consult the Centre, legal experts or just sit on it for whatever time he wants to. The Article does not mention any provision for the governor to act on an assembly or cabinet resolution,” said Kashyap. Justice D Hariparanthaman, former judge of the Madras high court, while conceding that there was no constitutional deadline for the governor to take a decision, said if there was inordinate delay, people could go to court for a direction for early disposal. “There is no bar as the governor too is a constitutional creature,” he said. As for the ‘theoretical third possibility’ of returning to the state cabinet for reconsideration or for clarification, Justice Hariparanthaman said: “In my experience I have not seen a precedent where the decision of a state cabinet decision was rejected by the governor. It will be against constitutional scheme of things.”

In 1999, governor of Tamil Nadu Fatima Beevi returned the proposal to commute the death sentence of Nalini Sriharan into one of imprisonment for life only because the state government had first merely forwarded the advocate-general’s opinion to the government. After the high court held that the opinion could not replace the procedure of getting advice from the council of ministers, the Tamil Nadu cabinet sent a duly adopted resolution to the governor, leading to Nalini escaping the gallows.

Former solicitor general of India Mohan Parasaran said now it was for the Centre to apply its mind and take a decision. “Though the SC has clearly said the state government has powers to decide on releasing the convicts and has turned down the Centre’s argument on the issue, the governor has the option of getting opinions, legal or otherwise,” said Parasaran. Asked whether the case will once again go to the SC, the constitution expert said it was too early for the case to be once again heard by the SC.

Giant plane with 53 tonnes cargo lands at airport

TIMES NEWS NETWORK

Chennai:11.10.2018

A giant Antonov AN-124 aircraft operated by Russian freight company Volga-Dnepr Airlines landed at Chennai airport on Sunday. The plane landed with 53.46 tonnes of machinery including windmill components from Xi’an Xianyang in China. The whole freight was unloaded and had to be carried on 13 trucks.

This is first time an AN-124 aircraft is landing here with a considerable amount of payload. Since Chennai airport is a major gateway to south India, such hauls are expected to be a regular occurrence in future, a press release said.

AN-124 aircraft is designed for long-range delivery and air dropping of heavy and large cargo. It has a payload capacity of up to 150 tonne. The aircraft is currently at Bay 104 and is expected to leave the airport at 11:30am on Tuesday. “It is a plane that falls into the category of A380 aircraft in terms of size. We have only one bay for such planes,” a senior Airports Authority of India official said. The wingspan of the plane is too wide that it cannot be brought anywhere near the terminals.

Unloading was a challenge. The plane comes with a huge crane that can be used to unload the cargo. “Antonov planes bring cargo of unusual size. Trailer trucks had to be driven along the road that runs along the perimeter and had to cover 7km to reach the plane,” said another official.

The Antonov AN-124, which has a payload capacity of up to 150 tonnes, is currently at Bay 104

COVER BLOWN

Man impersonates friend at Isro exam, caught red-handed
TIMES NEWS NETWORK

Chennai: 11.09.2018

A 24-year-old man from Haryana was arrested for impersonating his friend at an examination held for a clerical post at Indian Space Research Organisation (Isro).

On Sunday, around 2,800 candidates attended the national-level examination conducted at a deemed university in Semmancheri.

The man has been identified as Ajay; he was impersonating his friend Manish.

Police said around 12.45pm, the invigilator stopped near Ajay who was trying to hide an object. When the invigilator asked him to hand it over, Ajay refused. But the invigilator frisked him and found a phone from which he was sending photos of the question paper to his accomplices who were sending him answers.

When the examiner checked the hall ticket, he found that the photograph did not match Ajay’s face. They learnt that the original candidate, Manish, did not attend the examination and it was his friend Ajay who had been sent in instead. “The examination was about to end when the invigilator caught the candidate red-handed,” said an investigating officer.

The university staff informed ISRO officials in Sriharikota and K Udhyakiran, administrative officer, handed over Ajay to the Semmancheri police. Police, who booked Ajay for cheating and impersonation, have launched a hunt to nab Manish.

Euthanasia: HC appoints expert panel to examine nine-year-old

TIMES NEWS NETWORK

Chennai: 11.09.2018

The Madras high court on Monday constituted a committee comprising medical experts to examine a nineyear-old child who is in persistent vegetative state (PVS) since his birth and directed it to file its recommendation on the plea moved by the boy’s father seeking permission for passive euthanasia.

A division bench of Justice N Kirubakaran and Justice S Baskaran passed the interim order on the plea moved by R Thirumeni, father of T Paavendhan.

The committee comprises N Thilothammal, former professor of pediatric neurology, T Ravichandran, director, institute of social paediatrics, Government Stanley Medical College Hospital, and Bala Ramachandran, chief, paediatric critical care unit, Kanchi Kamakoti Child Trust Hospital, Chennai. It has been directed to examine the child and file reports on the present status of the child, whether he fulfils criteria for PVS and whether the said state of the child is treatable.

This apart, the bench has directed the central and state governments to find out whether the government itself or any other NGO can maintain the child since he has normal respiration and digestion.

Earlier, when the plea came up for hearing, the petitioner's counsel N Kavitha Rameshwar submitted the financial constraints involved in taking care of the child but said those were was not the sole reason which prompted his father to approach the court with such a plea. “The father would have gone to any extent to help his son, had there been any possibility for cure,” she added.

When Rameshwar submitted that the present plea would be a fit case for euthanasia if the committee found that there was no scope for reversal of the child’s state, the bench said, “We cannot simply pass orders in such sensitive case. The court has to be careful or it will be prickling our conscience forever.”

According to the petitioner, his son is in PVS since 2008. He suffers epileptic seizures 10 to 20 times a day when controlled by medicines.

30% dental seats not taken as govt counselling ends

TIMES NEWS NETWORK

Chennai: 11.09.2018

At the end of mopup counselling, 30% of BDS seats, including 35 seats in government quota remained vacant in self-financing dental colleges across the state. The Directorate of Medical Education will hand over 540 vacant seats to managements of private colleges who will be allowed to independently admit students based on NEET 2018 scores.

Last week, the selection committee in charge of admissions called for fresh applications after it exhausted the previous rank lists with 264 seats in government quota and more than 600 seats in management quota vacant at the end of four days of counselling. College managements also reduced fees from ₹6 lakh to ₹2 lakh. Yet, many did not turn up for counselling on Monday. A total of 318 candidates came for seats in government quota, 65 for management quota. “We allotted seats for 237 seats under government quota and 64 under management quota,” said selection committee secretary Dr N Selvarajan.

Many students are not interested in dentistry as prospects are not lucrative, said senior dentist Dr S M Balaji, state nominee to the Dental Council of India. Students who did not make it to MBBS said they would take a break and write NEET next year.

New MCI body to take time

Times of India 11.09.2018

With the tenure of 80 of the 103 members of the MCI coming to an end, the health ministry has written to states and university senates to start the process of electing new members to the council.