State of Tamil Nadu
dated 19.02.2014 and its decision to consider commutation /
remission of the sentence imposed on the Appellant and
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some others ... India, submitted that the appropriate Government in the
matter of remission / commutation in the present case is the
Union of India. He sought support from
when this
Court commuted the death sentence into life imprisonment,
it did not bar and bolt any further exercise of commutation /
remission power ... after this Court
commuted the death sentence to life imprisonment, it did
not bar and bolt any further exercise of
commutation / remission power
facilitate and assist the petitioner in making an
appropriate application seeking commutation/
remission;
b. Let the needful in that behalf be done within two
weeks ... facilitate and assist the petitioner in making an
appropriate application seeking commutation/
remission;
b. Let the needful in that behalf be done within two
weeks
concept
of remission. It opined that:-
“As far as remissions are concerned, it consists of
two types. One type of remission is what is
earned ... remission. In fact,
going by the caption of the said Section 433-A, it
imposes a restriction on powers of remission or
commutation in certain
power of the President for the grant of pardon, reprieve, remission,
commutation etc. in all cases where the punishment or sentence is
for an offence ... present context with which we are concerned, namely, the power of
remission, commutation etc., it is well known that the powers relating
to those actions
life imprisonment. The Court
directed that in the event of remission or commutation of the earlier sentence
awarded to the prisoner, the second imprisonment ... superimposed over the earlier life
sentence, the grant of any remission or commutation qua the earlier sentence of
life imprisonment will not ipso facto benefit
State Government
remission. Paragraph 571 provides what would constitute
non-eligibility to get ordinary remission. Paragraph 572
lays down that ordinary remission is not earnable ... Paragraph 576 deals with remission for good conduct.
Paragraph 581 provides for special remission. It lays down
that special remission may be given
This last sentence in the
direction means that in case, any remission or
commutation is granted in respect of the
earlier sentence of life imprisonment ... alone
then the benefit of that remission or
commutation will not ipso facto be available in
respect of the subsequent sentence of life
imprisonment which
completed 19 years of actual imprisonment; and
that their case for commutation/remission are not being considered
by the appropriate Government. In the circumstances ... sentence has to
be undergone before which the application seeking
commutation/remission cannot be considered.
Mr. K.L. Janjani, learned Advocate appearing in support
delay in disposal of either
mercy petitions or applications seeking commutation/remission
afforded a ground seeking commutation of death sentence to
life imprisonment, was considered
