State Government Has The Power To Remit A Sentence
- As the Center moved Supreme Court to reverse the decision of Tamil Nadu Government to release the convicts of Rajiv Gandhi Killers, Tamil Nadu Government contented that State Government is the sole authority to consider remission of a sentence.
- It should be noted that earlier the Supreme Court had stayed the State government’s decision to release all the convicts of Rajiv Gandhi.
- All the convicts were acquitted of TADA offences and remission was granted under Section 432 which confines only to Indian Penal Code and the power vests only with the State.
- State Government also said that writ petitions are meant for protecting fundamental rights of citizens under Article 32 and wondered how centre can use Article 32 when fundamental rights are not meant for Government.
- Powers of President
- Powers of Governor
- Differences among Remit, Commute and Suspension of Sentences