The Tamil Nadu Government on Thursday claimed that under law, it was entitled to seek remission for Rajiv Gandhi killers and not the Centre as the seven prisoners serving life term had already undergone their sentences under the Centrally-administered Acts including TADA, Explosives Act, Arms Act and Foreigners Act.
In an affidavit filed before the Supreme Court, the State explained that the seven prisoners were serving life term under offences of Indian Penal Code (IPC) under which the power of remission is exercisable by the State government. Under Section 432 of Criminal Procedure Code, thus the “appropriate government” was Tamil Nadu Government.
“For all the seven people, the remission granted under Section 432 of criminal procedure code was confined to offences under the Indian Penal Code with respect to which the executive power vests only in the State, in this case the Tamil Nadu Government,” it said. The seven convicts included Arivu, Santhan and Murugan whose death sentence was commuted to life by SC on February 18 this year. Besides, four other convicts — Nalini, Robert Paius, Jayakumar and Ravi Chandran, were already serving life term. However, it admitted that since the crime was investigated by CBI, Section 435 of CrPC required state to seek consultation with the Centre. The Court, which allowed Centre to file response to the affidavit, posted the matter for hearing on March 26. Till then, it continued stay on the release of the convicts.