SC stays release of 3 convicts in Rajiv assassination case

The Supreme Court today stayed the release of three convicts in the Rajiv Gandhi assassination case by the Tamil Nadu government, saying there have been procedural lapses on the part of the state.
A three-judge bench headed by Chief Justice P Sathasivam directed the state government to maintain status quo regarding three prisoners whose death sentence was commuted to life term by it and said the Centre can file a fresh petition regarding the other four prisoners whose sentence has also been remitted.
It said that all procedural checks laid down in the law have not been followed by the state government and it will examine the issue raised by the Centre.

Making it clear that it is not taking away the power of the government to remit sentence, the bench, at the same time, said the states have to follow the procedure.
"We are concerned about the procedural lapses and we will examine the issue," the bench said, adding that "all states are bound to follow the procedure".
The bench issued notice to the Tamil Nadu government, which strongly opposed the Centre's plea, and directed it to file its response within two weeks.

"We are not underestimating the power of state government but we are examining the procedure followed by it," the bench said when the state government pleaded the court not to pass any order on staying the release of the prisoners.

The bench also said that the commutation of death sentence to life imprisonment cannot automatically result in remission of the sentence and the proper procedure laid down in the law has to be follow before releasing the prisoners from jail.
It also issued notice to the convicts asking them to file their response withing two weeks.
The bench posted the matter for hearing on March 6.