Govt. gathering legal opinions on convicts’ release
CHENNAI, SEPTEMBER 09, 2018 00:00 IST
Advocate General to give his view by Sunday
Even as the State Cabinet is set to meet here on Sunday afternoon, the government is in the process of gathering legal opinions from different sources on the issue of the premature release of seven convicts undergoing life imprisonment in the Rajiv Gandhi assassination case.
The scheduled meeting of the Cabinet has assumed importance against the backdrop of the Supreme Court, in the V. Sriharan @ Murugan & Others v/s Union of India case, stating that “the authority concerned [Governor of Tamil Nadu] will be at liberty to decide the said application [filed by A.G. Perarivalan @ Arivu before the Governor under Article 161] as deemed fit.” It disposed of the writ petition and all pending applications, which essentially pertained to the remission of the convicts.
In his response to the Supreme Court’s order, Law Minister C.Ve. Shanmugam reiterated that there was no change in the stand of the State government, which favoured the release of the convicts — a position taken in February 2014 and in March 2016, when former Chief Minister Jayalalithaa was alive. However, he said the government had to study the order before taking any decision on the matter.
The Governor has “unfettered powers” under Article 161 to “grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extend(s).” Sources in the government say it is being argued by a section of experts that as the Governor is to be guided by the decision of the Cabinet on such a matter, there will be no legal impediments to the release of the convicts. The death sentence for Nalini, one of the convicts, was commuted to a life sentence in April 2000 only through this provision.
Another opinion that the government received was that the “concurrence” of the Central government was required in this matter, and the Governor cannot go merely by the advice of the State Cabinet. The Centre has taken the stand that the convicts cannot be released. A Presidential order issued through the Ministry of Home Affairs, dated April 18, 2018, is being cited in support of this viewpoint. In the order, the Centre did not concur with the proposal of the State government. Any move to release the convicts “will set a very dangerous precedent and lead to international ramifications by other such criminals in the future,” the order said.
It is learnt that the government has forwarded the case to the Advocate General, who is likely to provide his opinion by Sunday.
CHENNAI, SEPTEMBER 09, 2018 00:00 IST
Advocate General to give his view by Sunday
Even as the State Cabinet is set to meet here on Sunday afternoon, the government is in the process of gathering legal opinions from different sources on the issue of the premature release of seven convicts undergoing life imprisonment in the Rajiv Gandhi assassination case.
The scheduled meeting of the Cabinet has assumed importance against the backdrop of the Supreme Court, in the V. Sriharan @ Murugan & Others v/s Union of India case, stating that “the authority concerned [Governor of Tamil Nadu] will be at liberty to decide the said application [filed by A.G. Perarivalan @ Arivu before the Governor under Article 161] as deemed fit.” It disposed of the writ petition and all pending applications, which essentially pertained to the remission of the convicts.
In his response to the Supreme Court’s order, Law Minister C.Ve. Shanmugam reiterated that there was no change in the stand of the State government, which favoured the release of the convicts — a position taken in February 2014 and in March 2016, when former Chief Minister Jayalalithaa was alive. However, he said the government had to study the order before taking any decision on the matter.
The Governor has “unfettered powers” under Article 161 to “grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extend(s).” Sources in the government say it is being argued by a section of experts that as the Governor is to be guided by the decision of the Cabinet on such a matter, there will be no legal impediments to the release of the convicts. The death sentence for Nalini, one of the convicts, was commuted to a life sentence in April 2000 only through this provision.
Another opinion that the government received was that the “concurrence” of the Central government was required in this matter, and the Governor cannot go merely by the advice of the State Cabinet. The Centre has taken the stand that the convicts cannot be released. A Presidential order issued through the Ministry of Home Affairs, dated April 18, 2018, is being cited in support of this viewpoint. In the order, the Centre did not concur with the proposal of the State government. Any move to release the convicts “will set a very dangerous precedent and lead to international ramifications by other such criminals in the future,” the order said.
It is learnt that the government has forwarded the case to the Advocate General, who is likely to provide his opinion by Sunday.
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