Sources have stated that if the Chief Justice of India, as the head of the judiciary, is the best person to decide who should be appointed a judge, the State government and its officials are the most competent authority to decide whether a life term convict deserves to be granted remission.


The Supreme Court on Wednesday for a review of a Constitution Bench verdict has laid down the law that the Centre and not the State government had “primacy” in deciding whether the seven killers of the former Prime Minister, Rajiv Gandhi, should be granted remission from serving a life time behind bars.


It is stated that the December 3 judgment had held that State governments cannot unilaterally decide on the grant of remission to life term convicts in cases investigated by central agencies like the CBI and the review petition was asked how the Centre could have moved the Supreme Court under Article 32, which is reserved only for citizens to protect their fundamental rights.


Meanwhile the Supreme Court had on February 20, 2014 has stayed the Tamil Nadu government’s decision to release Murugan, Santhan and Arivu whose death sentences were commuted to life term by it on February 18th and later, it had also stayed the four other convicts Nalini, Robert Pious, Jayakumar and Ravichandran.


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