Now, state governments have power to free convicts

A Constitution Bench led by Chief Justice H L Dattu modified the court's order of July 2014 by which the states were restrained from exercising power of remission.

Written by Utkarsh Anand | New Delhi | Published:July 23, 2015 3:27 pm
Supreme Court, A Constitution Bench led by Chief Justice H L Dattu modified the court’s order of July 2014 by which the states were restrained from exercising power of remission.

After a year-long hiatus, the Supreme Court on Thursday allowed state governments to exercise their power of remission to free convicts if such cases are not investigated by CBI or other central agencies.

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A Constitution Bench led by Chief Justice H L Dattu modified the court’s order of July 2014 by which the states were restrained from exercising power of remission.

The bench, while lifting this restraint, added a caveat that this power would not be exercised only in cases probed by the central agencies or where there is a specific order by a court not to grant remission.

The Bench is hearing a petition by the Centre which has challenged the Tamil Nadu government’s power to free convicts in the Rajiv Gandhi assassination case. While state sought to release them on remission, Centre has said the case was investigated by the CBI and hence only the central government had this authority.

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