Prez can impose conditions while commuting death sentence: HC
Chennai:25.07.2019
The President has the power to impose conditions while commuting death sentences of convicts, as the constitutional power of the President under Article 72 is absolute and wide in amplitude, the Madras high court has held.
Justice N Anand Venkatesh, refusing to interfere with an order of the President commuting the death penalty of three convicts into life imprisonment, but with a condition that they must spend the rest of their lives in jail, said since Article 72 was absolute it would not be possible to lay down any precise and clearly defined guidelines. The judge passed the order on a plea moved by Radhakrishnan, C Selvam and Sheik Meeran who were sentenced to death for murder on October 5, 1998 by a sessions court in Tirunelveli.
All the appeals moved by the convicts were dismissed and on July 15, 1999, the Supreme Court confirmed the death sentence. Thereafter, the trio moved mercy petitions to the Tamil Nadu governor and then to the President. On February 10, 2012, the President allowed the mercy plea and commuted the death sentence to life with a condition that the petitioners shall remain for the whole of the remainder of their natural lives in prison without the benefit of remission. The petitioners made an application to the state for premature release, which was rejected citing the condition imposed by the President.
Chennai:25.07.2019
The President has the power to impose conditions while commuting death sentences of convicts, as the constitutional power of the President under Article 72 is absolute and wide in amplitude, the Madras high court has held.
Justice N Anand Venkatesh, refusing to interfere with an order of the President commuting the death penalty of three convicts into life imprisonment, but with a condition that they must spend the rest of their lives in jail, said since Article 72 was absolute it would not be possible to lay down any precise and clearly defined guidelines. The judge passed the order on a plea moved by Radhakrishnan, C Selvam and Sheik Meeran who were sentenced to death for murder on October 5, 1998 by a sessions court in Tirunelveli.
All the appeals moved by the convicts were dismissed and on July 15, 1999, the Supreme Court confirmed the death sentence. Thereafter, the trio moved mercy petitions to the Tamil Nadu governor and then to the President. On February 10, 2012, the President allowed the mercy plea and commuted the death sentence to life with a condition that the petitioners shall remain for the whole of the remainder of their natural lives in prison without the benefit of remission. The petitioners made an application to the state for premature release, which was rejected citing the condition imposed by the President.
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