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Rajiv Gandhi case: SC to hear blast victims’ petition against grant of remission to seven convicts

Supreme Court on Monday decided to hear the victims of the bomb blast that killed former Prime Minister Rajiv Gandhi, and gave them permission to file additional documents.




Petitioners S. Abbas, John Joseph, America V. Narayanan, Mrs. R. Mala, M. Samuvel Diraviyam and K. Ramasugandam had moved the Supreme Court against the then Jayalalithaa government’s proposal to grant the convicts remission in a letter dated February19, 2014.

“In the present case the State government had overlooked the above proposition for narrow political gain and in one stroke ordered for release of Rajiv assassins. The attitude of the State government is against the constitutional value and national spirit and for narrow political consideration,” the victims had contended.

They had said that the State should consider the effect of the release of the convicts on the families of the victims, society, and the precedent it would set for the future.

However, the Supreme Court at that time indicated that it would first take up the petition filed by the Centre, which too had moved it, challenging the State’s power to grant remission in the case investigated by the CBI. The victims’ petition was thus kept on hold.

Subsequently, on December 2, 2015, a five-judge Constitution Bench, led by then-Chief Justice of India H.L. Dattu, interpreted the law to hold that the States cannot unilaterally remit the sentences of life convicts in cases investigated by a Central agency under a Central law.

T.N. wanted Centre to concur

This Bench, however, left the factual question of whether the seven convicts deserve remission or not to a three-judge Bench. Following this, the Tamil Nadu government wrote to the Centre on March 2, 2016 proposing the grant of remission to the convicts. The State government had wanted the Centre to concur.

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