Document Fragment View

Matching Fragments

31. In the light of the above discussion and observations, in the cases of v. Sriharan @ Murugan, T. Suthendraraja @ Santhan and A.G. Perarivalan @ Arivu, we commute their death sentence into imprisonment for life. Life imprisonment means end of one's life, subject to any remission granted by the appropriate Government under Section 432 of the Code of Criminal Procedure, 1973 which, in turn, is subject to the procedural checks mentioned in the said provision and further substantive check in Section 433-A of the Code. All the writ petitions are allowed on the above terms and the transferred cases are, accordingly, disposed of.

....

Factual Background:

4. Pursuant to the judgment of this Court dated 18.02.2014 in v. Sriharan @ Murugan (supra), the Government of Tamil Nadu took a decision to grant remission to Respondent Nos. 1 to 7. Accordingly, the Government of Tamil Nadu sent a letter dated 19.02.2014 to the Secretary to the Government of India, Ministry of Home Affairs, stating that it proposes to remit the sentence of life imprisonment on v. Sriharan @ Murugan, T. Suthendraraja @ Santhan and A.G. Perarivalan @ Arivu and release them. In that letter, it was further stated that four other persons, namely, Jayakumar, Robert Payas, S. Nalini and P. Ravichandran, convicted in the same assassination would also procure similar remission. Besides, it was asserted in the letter that since the crime was investigated by the Central Bureau of Investigation (CBI) and as per Section 435 of the Code of Criminal Procedure, 1973 (in short "the Code"), the State Government, while exercising its power Under Section 432 of the Code, must act after consultation with the Central Government, accordingly, it requested to indicate the views of the Union of India within three days on the proposal to release the seven persons mentioned above.
No.F.10/12/2011-Judl.- II Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya (Judicial Wing, CS Division) Dated the 18" April, 2018.
ORDER WHEREAS, the Hon'ble Supreme Court vide Order dated 18.02.2014 in the assassination case of former Prime Minister Sh. Rajiv Gandhi in Transfer Petition (Crl.) No. 1-3/ 2012, commuted the death sentences awarded to three convicts namely V. Sriharan @ Murugan,(i) T. Suthendraraja @ Santhan, (i) A.G. Perarivalan @ Arivu to that of life imprisonment;
To Shri A.G.Perarivalan Ct.No.13906, Central Prision Vellore, Tamil Nadu 632002 Subject: Informatoin sought under RTI Act, 2005 - reg Sir, I am to refer to your RTI application dated 08.01.2016 registration No. MHOME/R/2016/00235 received in Judicial Division on 23.02.2016 seeking information related to remission rules framed by the Central Government with reference to the Constitutional bench judgement of the Hon'ble Supreme Court dated 02.12.2015 in the matter of Union of India Vs V.Sridharan @ Murugan & Others (W.P.No.48 of 2014)