Further hearing to take place on July 21
Supreme Court today refused to lift its order staying State governments from releasing life convicts, including former Prime Minister Rajiv Gandhi’s killers, on remission.
A Constitution Bench of five-judge Bench led by Chief Justice of India H.L. Dattu refused to lift its stay order passed in July last year, while observing that for the time being it will not tinker with any of its earlier orders. The Apex Court posted the matter to the 21st of the month for further hearing.
During a brief hearing today, counsel for States pressed the Bench to return to the States the power of remission to at least release convicts who have completed over 20 years of their sentence. The Chief Justice the court will decide only after hearing the matter in detail.
The issue of remission had reached the apex court after the Tamil Nadu government took a decision to remit the sentences of all seven convicts in the Rajiv Gandhi assassination case, after the apex court commuted their death sentence to life imprisonment.
The Constitution Bench will also have to decide whether life imprisonment, after commutation, means rest of life or a whether convict has a right to claim remission after completing 14 years of his prison sentence.
The Supreme Court had on July 9 last year restrained all States from exercising power of remission for releasing convicts serving life sentences.