New Delhi: In a verdict that may dampen the hopes for release of killers of former Prime Minister Rajiv Gandhi, the Supreme Court on Wednesday ruled the Centre has “primacy” over states’ right to grant remission.
It also said the state governments must get “concurrence” of the Union government before freeing convicts in certain cases.
A five-judge bench, which settled questions arising out of Tamil Nadu government’s decision to free killers of Gandhi, dealt elaborately with the situations where the Centre will prevail over states’ decision to grant remission which included cases where their powers are coextensive, where trial has been held under central laws or conducted by agencies like CBI, or when they pertain to death penalty.
The Constitution bench headed by Chief Justice H L Dattu, who demitted office today, also said that states cannot exercise “suo motu” the power to grant remission without any specific plea from the convicts.
It took a cue from a 1993 judgement, which had brought about the collegium system of appointment of judges, where it was held that “consultation” with the CJI would necessarily mean “concurrence”.
“Having regard to the principles culled out in paragraph …, it is imperative that it is always safe and appropriate to hold that in those situations covered by sub-clauses (a) to (c) of Section 435(1) falling within (Contd on P-10)
