TN guv can’t release Rajiv convicts sans nod of Centre: MHA official
TIMES NEWS NETWORK
New Delhi:12.09.2018
Tamil Nadu governor Banwarilal Purohit will have to consult the Centre on the state government’s recommendation for release of seven people convicted in the Rajiv Gandhi assassination case, a home ministry official said.
The official said since the case was investigated by the CBI-led multi-disciplinary monitoring agency (MDMA),
the governor had to forward the remission file relating to the seven convicts to the Centre for a view.
Section 435 of the Criminal Procedure Code requires state governments to act after consultation with the central government in cases investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to investigate an offence under any central Act.
“This is the correct legal position. The (remission) file will have to be routed through the Centre,” a senior home ministry officer told TOI on Tuesday.
RAJIV CASE
‘Centre unlikely to revise its earlier stand conveyed to SC’
The AIADMK government in Tamil Nadu had on Sunday recommended to the governor to release the convicts, a move hailed by most political parties in the state.
The CBI-led MDMA, probing the larger conspiracy behind the assassination, had told the Supreme Court a few months ago that the investigation in the case was “still open” and letters rogatory had been issued to different countries, including Sri Lanka, where some persons required to be investigated were residing.
The official said the Centre was unlikely to revise its earlier stand, conveyed to the SC in August, that releasing the seven convicts would set a wrong precedent as the terror act was directed at a former PM.
“The central government, in pursuance of Section 435 of the Code of Criminal Procedure, does not concur with the proposal of Tamil Nadu government contained in the communication letter dated March 2, 2016, for grant of further remission of sentence of these seven convicts,” the government had said in its reply to the apex court.
Rajiv Gandhi was assassinated at a poll rally on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber.
› Min: Govt can’t fix timeframe for guv, P 11
TIMES NEWS NETWORK
New Delhi:12.09.2018
Tamil Nadu governor Banwarilal Purohit will have to consult the Centre on the state government’s recommendation for release of seven people convicted in the Rajiv Gandhi assassination case, a home ministry official said.
The official said since the case was investigated by the CBI-led multi-disciplinary monitoring agency (MDMA),
the governor had to forward the remission file relating to the seven convicts to the Centre for a view.
Section 435 of the Criminal Procedure Code requires state governments to act after consultation with the central government in cases investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to investigate an offence under any central Act.
“This is the correct legal position. The (remission) file will have to be routed through the Centre,” a senior home ministry officer told TOI on Tuesday.
RAJIV CASE
‘Centre unlikely to revise its earlier stand conveyed to SC’
The AIADMK government in Tamil Nadu had on Sunday recommended to the governor to release the convicts, a move hailed by most political parties in the state.
The CBI-led MDMA, probing the larger conspiracy behind the assassination, had told the Supreme Court a few months ago that the investigation in the case was “still open” and letters rogatory had been issued to different countries, including Sri Lanka, where some persons required to be investigated were residing.
The official said the Centre was unlikely to revise its earlier stand, conveyed to the SC in August, that releasing the seven convicts would set a wrong precedent as the terror act was directed at a former PM.
“The central government, in pursuance of Section 435 of the Code of Criminal Procedure, does not concur with the proposal of Tamil Nadu government contained in the communication letter dated March 2, 2016, for grant of further remission of sentence of these seven convicts,” the government had said in its reply to the apex court.
Rajiv Gandhi was assassinated at a poll rally on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber.
› Min: Govt can’t fix timeframe for guv, P 11
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