The Bench requires to decide whether states can exercise their power of remission when cases have been probed by central agencies like the CBI.
A G Perarivalan’s counsel K Tholkappian said Perarivalan hopes that the MDMA probe will clear him as it is investigating areas left out by the CBI SIT.
Nalini has been in jail for the last 23 years and is undergoing life imprisonment after her death sentence was commuted.
R M Lodha also sought their responses over the scope of powers of the central and state governments to remit the jail terms of convicts.
Issue came up after Centre had challenged TN government’s decision to remit sentences of convicts in Rajiv assassination case.
The Centre said that Tamil Nadu government’s decision was in derogation of rights of the victims, who lost their kin in the blast that killed 18 people.
To plead in SC Article 72 does not set a timeframe for the President to decide mercy pleas.
‘I was eagerly awaiting the verdict today. I thought I will be able to meet you (press) with happiness. We have fought for 23 years’, mother of G Perarivalan said.
Centre had filed a petition challenging the Tamil Nadu Government’s authority in ordering the release of all seven convicts.
On Feb. 18, court had commuted death sentence of the accused to life imprisonment on ground of delay by Centre in deciding their mercy plea.
SC deferred the plea as the Centre sought time to bring more facts on record.
Invokes the principle of ’parent of the nation’ for intervening.
The court added that it will consider the issue of maintainability of the Centre’s petition first.
The Supreme Court ordered status quo on all the seven and issued notices to the Tamil Nadu government
The Supreme Court will hear the Centre’s plea on Thursday restraining Tamil Nadu government from freeing convicts.
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