While ordering that former Prime Minister Rajiv Gandhi’s killers will remain in jail on December 2, the Supreme Court observed “... It must be stated that such ray of hope was much more for the victims who were done to death and whose dependants were to suffer the aftermath with no solace left.
The court also said,
We find no scope to apply the concept of ray of hope to come to the rescue of such hardened, heartless offenders, which if considered in their favour will only result in misplaced sympathy and again will not be in the interest of society.
The ruling said that granting the Centre overriding authority in cases of national importance “cannot be held to be interfering with the independent existence of the state concerned”.
The Supreme Court ruled that no state can carry out a power of remission exercise suo motu and there has to be an application by the convict first.
So, What Are the Options Left for the Killers?
- 1. The Tamil Nadu government can request the government at the Centre to remit the sentence.
- 2. The convicts can make a fresh appeal for remittance to the centre.
- 3. The convicts can also make a fresh appeal to the President seeking pardon.
The Supreme Court had on February 18, 2014, commuted the death sentence of three convicts in the case – Murugan, Santhan and Perarivalan – due to the delay by the executive in deciding their mercy pleas. Clarifying on the definition of life sentence while giving the December 2 ruling, the Supreme Court made it clear that the life sentence means imprisonment till the end of the convict’s life.
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