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No mercy to the terrorist

Pioneer

Rajiv Gandhi’s killers must spend life in jail

A recent Supreme Court verdict that State Governments do not have the powers to remit sentences of prisoners convicted under Central laws, should be welcomed without ambiguity. The court gave its judgement in a case relating to the Tamil Nadu Government's decision to release seven prisoners serving life terms in connection with former Prime Minister Rajiv Gandhi's assassination. There are two important aspects to this case. The first is legal: That States have to get the Centre's nod before they can release prisoners given life sentences under Central laws. The second is political: States cannot play to the gallery — whether to ‘assuage the feelings of the people of the State' or to apply emollient to ‘psychological wounds' — by deciding to free convicts. In the present case, the thought even to free those who are convicted in a former Prime Minister's assassination, goes against the country's very determination to fight terrorism with all its might. It is difficult to understand the logic behind the J Jayalalithaa Government's now aborted move to be so merciful to the seven convicts. These criminals do not represent the values or beliefs of the Tamil community in the State or elsewhere in India or abroad. They do not enjoy sympathy, except in very constrained quarters of radical elements. Their individual rights have not been trampled upon either; they went through a long, transparent and fair judicial process before being held guilty and convicted. In short, Tamil sentiments are not in a state of despair to be assuaged with the freeing of such killers. The humanitarian issue is irrelevant here because humanitarianism does not mean terrorists must be set free when they should be serving their term behind bars. Ms Jayalalithaa, who is known to have taken a tough stand on terror-related crimes, should not be bending backwards to appease a tiny and largely irrelevant section of public opinion. Anyway, now that she has to seek the Centre's clearance, the ball will soon be sent to the Union Government's court. It should be expected that the Narendra Modi regime rejects the plea.

Even from the viewpoint of fair justice, it is only appropriate that convicts, whose sentences have been reduced to life-term from death penalty, remain behind bars for the rest of their lives. To remit even this reduced punishment and actually set them free for whatever reason, would be a complete travesty of justice. The sternness should be applicable to all prisoners who have been given a life sentence after escaping the noose, and not just to those convicted under Central laws. A soft-hearted approach seems nice on paper and can even win accolades from humanitarian groups across the globe, but it does gross injustice to the surviving victims and the families of those who have lost their lives at the hands of terrorism. The political system cannot ignore the sentiments of victims and seek to promote misplaced humanitarianism.