Rajiv Gandhi case convicts’ release (Powers of Governor)

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Rajiv Gandhi case convicts’ release (Powers of Governor)

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• YES:

1. State running foul of Article 14: Further delay in releasing the seven convicts in the Rajiv Gandhi case would mean that the state is on the wrong side of Article 14 of the Constitution which guarantees equality before the law and the equal protection of the laws.

• Legal History:

1. The mercy petitions of these convicts were left undecided for 11 years from 2000 to 2011.
2. The TN Assembly adopted a resolution recommending commutation of their death sentences.
3. In 2015 the SC commuted the death sentence to rigorous imprisonment for rest of their lives.

• Article 161:

1. Many prisoners who have committed similar crimes have been pardoned under Article 161. In 2015 the SC did not examine the scope of constitutional powers under this article.
2. Under Article 161, the Governor has to take a decision in harmony with the Council of Ministers who have made their recommendations.

• Rule 341: Rule 341 of the Tamil Nadu prison rules states that life imprisonment shall be deemed to be imprisonment for 20 years for consideration for premature release.

• Reformative agenda:

1. Prisons must stay loyal to the theory of reformative justice. Reforming the prisoner should be the focus of the prison system.
2. Prisoners who have served 20 years in jail must be considered for reintegration into society. Failure on this front would be the failure of the system, not the prisoners.

• NO:

1. National security: There can be no compromise on the question of sovereignty and national security. Provisions of pardon are not more important than welfare of the citizens.
2. Nature of the crime: Keeping in the mind the kind of conspiracy that has been committed there appears to be no reason to pardon these convicts.
3. Grounds for pardon: Pardon is discretionary right exercised in certain circumstances only. The family background of the convict and the family's financial dependence on him, a critical emergency or a serious health issue are the grounds for pardon.
4. Political convicts: The 7 convicts are political convicts and the SC has cautioned against their release. These convicts were a a part of a large conspiracy. Hence there is not justification to exercise the powers of pardon in their case.
5. Commutation of sentence has already been done: These convicts were originally given the death sentence. The death sentence was commuted into life imprisonment. Further remission was denied on clear parameters.
6. Anti terrorist measures: The objective of anti-terror activities is to deter future activity and prevent terror activities. Different laws for this purposes are made because the situations are different.  
7. No ground: There appears to be no ground for debate again on issues which have already been deliberated upon by the constitutional and statutory authorities.

• IT'S COMPLICATED:

1. The misconception: There is a general misconception that life sentence is 14 years of imprisonment. Life sentence means imprisonment for the rest of one's natural life. The power of executive remission reduces part of the sentence for the convict's good behaviour.
2. Remission not automatic: Life sentences given to convicts does not automatically give them the right to remission. In fact they do not have a right to remission. Many state governments however have rules under which remission is granted after a convict has served a sentence of 14 years. However the order of remission is case-specific.
3. Current case: Whether the convicts in the Rajiv Gandhi Assassination case should be given remission or not rests on a lot of factors.
4. Besides Rajiv Gandhi several other people were also killed in the assassination. The opinions of the family members of these victims must be sought. Mercy cannot be extended just because a prominent victim's family desires it.
5. The current convicts were only 20 years old when they were arrested. They still have a long life in front of them. Should they be spending their remaining years in prison?

• Issues that need consideration:

1. The convicts were mere pawns and some of them may not have known the entirety of the conspiracy in which they were involved. To deny them the benefits of remission may not be proper.
2. If people can be freed even after being convicted for the murder of a Prime Minister, questions can be asked whether India is a soft state on matters of terrorism.
3. That's why it's complicated: There are no straight answers to these questions. Complicated issues of law and policy are involved.
4. Summary : Three perspectives on whether the killers of Rajiv Gandhi should be pardoned

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