New Delhi: The Supreme Court on Friday referred to a Constitution bench the matter on whether the government can remit the sentence of a prisoner whose death penalty has been commuted, while it extended the interim stay on the Tamil Nadu government’s decision to set free all seven convicts in the Rajiv Gandhi assassination case.
A three-judge bench headed by Chief Justice P. Sathasivam framed seven questions of law that would be decided by the Constitution bench, comprising at least five judges.
“The issue of such a nature has been raised for the first time in this court, which has wide ramifications in determining the scope of application of power of remission by the executives, both the Centre and the state. Accordingly, we refer this matter to the Constitution bench to decide the issue pertaining to whether power of remission under Article 72 (by the President) or 161 (by governor) or by this court exercising constitutional powers under Article 32 is exercised, is there any scope for further consideration for remission by the executive,” it said.
