T.N. recommends release of all seven Rajiv case convicts

T.N. recommends release of all seven Rajiv case convicts

News:

1. Tamil Nadu cabinet recommended the governor that all seven life convicts in the former Prime Minister Rajiv Gandhi assassination case be released under Article 161 of the Constitution.

Important Facts:

2. Background:

1999: In Rajiv Gandhi assassination case, SC had upheld death sentence to 4,and life imprisonment to other 3.

•  2014: SC commuted death sentence of 3 to life imprisonment citing “inordinate & inexplicable delay” in deciding mercy petition
•   April 2018: President turned down remission request by state govt.
•   September 2018: state government has recommended governor to use art.161 to grant remission, as SC observed last week as “governor is at liberty to decide on release”

3. Constitutional Provision:

Art.161: Governor can pardon, reprieve, respite, remit or commute sentence/punishment convicted of any offence against state law, except that he cannot pardon death sentence.

4. Options Governor has:

•         May accept cabinet’s decision
•         He can take his time, as no time limit constitutionally prescribed.
•         Can seek center’s opinion
•         Can seek reconsideration of states cabinet decision