Assassins' of Rajiv Gandhi not to be hanged, as Supreme Court delivers landmark verdict commuting death sentence to life term

The judgment which is expected by the students of human rights jurisprudence has finally come. The Supreme Court has granted relief to the three convicts in the Rajiv Gandhi assassination case, Murugan, Santhan and Perarivalan, by commuting their death sentence into life term on the grounds that the 11-year delay in deciding their mercy petition by the Central government had a dehumanizing effect on them.According to the apex court bench headed by Chief Justice P. Sathasivam, the delay was not only excessive but also irrational and unexplained. The court while delivering its verdict stated that the life imprisonment would mean life in jail till end.The Union's contentions that the three convicts did not deserve any mercy as they never showed repentance for the killing of the former Prime Minister and they enjoyed their prison life, were rejected by the three-judge Bench. The Bench, after considering the fact that the convicts were suffering jail for nearly 23 years, gave a positive response for their release by stating that the State government could use its remission powers under Section 432 and 433 and following the due procedure in law. The court expected that the government would render advice in reasonable time to the President for taking a decision on mercy pleas and has asked the government to add a new criteria for considering commuting death penalty to life imprisonment, ie the excessive delay in deciding mercy petitions.The Centre had strongly opposed their plea stating that it was not an appropriate case for the apex court to commute death sentence on the ground of delay in deciding mercy plea. The government, however, admitted the fact there has been delay in deciding the mercy petitions, but at the same time argued that the delay was not irrational, unexplained and unacceptable to commute death penalty. As per Livelaw reports, on January 21 a three Judge Bench of the Supreme Court issued landmark guidelines relating to Death Penalty, while allowing all the 13 Writ Petitions filed by 15 Death Convicts in various cases. The Bench consisted of Chief Justice P.Sathasivam, Justice RanjanGagoi and Justice Shiv Kirti Singh commuted the death sentence imposed on Suresh, Ramji, Bilavendran, Simon, Gnanprakasam, Madiah, Praveen Kumar, Gurmeet Singh, Sonia, Sanjeev, Sundar Singh, Jafar Ali, MaganLalBerala, Shivu and Jadeswamy.The Supreme Court also overruled the Two Judge Bench Judgment in Bhullar Case, which held that a death sentence imposed on a prisoner was convicted for a terrorist act cannot be commuted on the ground of delay. While concluding the Judgment Justice Sathasivam said:"Right to seek for mercy under Article 72/161 of the Constitution is a constitutional right and not at the discretion or whims of the executive. Every Constitutional duty must be fulfilled with due care and diligence; otherwise judicial interference is the command of the Constitution for upholding its values". "Remember, retribution has no Constitutional value in our largest democratic country. In India, even an accused has a de facto protection under the Constitution and it is the Court's duty to shield and protect the same. Therefore, we make it clear that when the judiciary interferes in such matters, it does not really interfere with the power exercised under Article 72/161 but only to uphold the de facto protection provided by the Constitution to every convict including death convicts".In May 2012, the apex court had transferred to itself the writ petitions filed by three convicts in the Madras High Court challenging the rejection of their clemency plea by the former PresidentPratibhaPatil after 11 years, which was stayed by the High Court on August 30, 2011, staying their execution. The CJI while writing the judgment said the principles had already been laid down by this court in its judgment on January 21, that undue and unexplained delay would be a ground for commuting death sentence into life imprisonment. In this case the only question to be decided was whether the excessive delay was aninterrupting circumstance and whether the delay was initiated at the request of the accused.Mentioning the stand of the Centre that the convicts were enjoying their prison life and they did not suffer any torture, the Bench said there was no legal compulsion on the accused to prove physical torture. Such an analysis was not known to and it would not be possible for death row convicts to prove that they suffered torture. The Bench further stated that the law did not require proving actual harm suffered. The Bench held that it was evident by the materials on record that several letters were being sent by the convicts to the President and they even reminded the President which remained unheard. This clearly showed the unbearable torture suffered by them. The court further stated that there is nothing in Indian law and international law that puts the burden of proving torture and dehumanizing condition on the death row...

Assassins' of Rajiv Gandhi not to be hanged, as Supreme Court delivers landmark verdict commuting death sentence to life term

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