Centre to have primacy in granting remission: SC

Dampening hopes of release for the killers of former Prime Minister Rajiv Gandhi, the Supreme Court today ruled that the Centre has "primacy" over states' right to grant remission and referred the issue of clemency for the assassins to a three-judge bench.
Virtually overturning the Tamil Nadu government's clemency decision, it also said the state governments must secure "concurrence" of the Union government before freeing convicts in certain cases.
A five-judge bench, which settled questions arising out of Tamil Nadu government's decision to free Gandhi's assassins, dealt elaborately with the situations where the Centre will prevail over states' decision to grant remission which included cases where their powers are coextensive, where trial has been held under central laws or conducted by agencies like CBI, or when they pertain to death penalty.

The Constitution bench headed by Chief Justice H L Dattu, who demitted office today, also said that states cannot exercise "suo motu" the power to grant remission without any specific plea from the convicts.
"Having regard to the principles culled out in paragraph ..., it is imperative that it is always safe and appropriate to hold that in those situations covered by sub-clauses (a) to (c) of Section 435(1) falling within the jurisdiction of the Central Government it will assume primacy and consequently the process of 'Consultation' in reality be held as the requirement of 'Concurrence'," the court said in its 258 page verdict.

The bench, also comprising justices F M I Kalifulla, P C Ghosh, A M Sapre and U U Lalit, was unanimous in answering all questions referred to it by a smaller bench, except one which related to the issue whether courts can quantify jail term in offences and consequently stop the states from remitting sentences in certain cases under the Code of Criminal Procedure.
The bench also ordered that the case relating to the grant of remission to the killers of Gandhi be sent to a three-judge bench to deal with it in pursuance of guidelines laid down in the judgement.

"Now that we have answered the Reference in the matters, the matters will now be listed before an appropriate three learned Judges' Bench for appropriate orders and directions in the light of the majority Judgement of this Court," the Chief Justice said.