New Delhi: Tamil Nadu government under whose jurisdiction the offence of killing of Rajiv Gandhi was committed is the appropriate government and it has the power to grant remission and order the release of seven life convicts, said the dissenting verdict by two judges.
In their verdict Justices Uday Lalit and A.M. Sapre said, “in our view the offence in question is within the exclusive domain of the state government and it is the executive power of the State which must extend to such offence.
“Even if it is accepted for the sake of argument that the offence under Section 302 IPC (murder), it is the executive power of the State Government alone which must extend, in the absence of any specific provision in the Constitution or in the law made by Parliament.”
The two judges said, “consequently, the state government is the appropriate government in respect of the offence in question in the present matter.” The bench, however said the state should consult the Centre on the question of remission.
It said, “In cases where the investigation was so conducted by the CBI or any such Central Investigating Agency, the Central government would be better equipped. “Considering the context of the provision, in our view comparatively greater weight ought to be attached to the opinion of the Central Government which through CBI or other Central Investigating Agency was in-charge of the investigation and had complete carriage of the proceedings,” the bench said.
The verdict authored by Justice Lalit also differed on the principle that in heinous crimes neither the Centre nor the State will have the power of remission. It said, “If the offence in question falls in the category of the “rarest of rare” the consequence may be inevitable....