इंडियन आवाज़     22 Feb 2024 04:15:01      انڈین آواز

SC gives states conditionl power to release life convicts


SCThe Supreme Court on Thursday allowed state governments to exercise power of remission to release life convicts with a rider that this will not apply to cases probed by central agencies like CBI and for those incarcerated under central laws such as TADA.

Lifting its stay imposed over a year back, the apex court said relaxation would also not apply where the convict has been awarded life term in sexual offence cases of rape and murder. A five-judge Constitution bench headed by Chief Justice HL Dattu, made it clear that this interim order would not be applicable in the Rajiv Gandhi assassination case in which the Centre’s plea against the Tamil Nadu Government’s decision to grant remission for release of the seven life convicts is under consideration.

The apex court modified its July 9, 2014 order by which it had restrained all states from exercising power of remission for releasing life convicts from jail in the wake of the controversy triggered by the Tamil Nadu Government’s decision to grant remission for release of three such convicts, whose death sentence in Rajiv Gandhi assassination case was commuted to life term by it on February 18, 2014.

The restoration of the states’ power of remission under sections 432, 433 of CrPC to release life convicts may be used for considering relief for those life convicts who have undergone prison term of 14 or more years. While specifying the conditions, the bench said such power cannot be exercised in cases in which prison terms are specified to continue till life or for a specified period like 20 to 25 years.

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