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T.N. recommends release of all seven Rajiv case convicts
News:
- 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
