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The Hindu : Clemency question: The Rajiv Gandhi assassination case
After failing to get the seven convicts in the Rajiv Gandhi assassination case released by exercising its statutory power to remit life sentences, the AIADMK government in Tamil Nadu has taken recourse to a possible constitutional remedy. It has decided to invoke the Governor’s clemency power under Article 161 of the Constitution. The earlier attempt in 2014 to remit the sentences under the provisions of the Code of Criminal Procedure was stayed by the Supreme Court, which ultimately held that the Centre had primacy in according remission to life convicts in a case that involves consultation between the Centre and the State. The Centre formally declined to concur with the State’s proposal in April 2018, saying it would “set a very dangerous precedent and lead to international ramifications”. There is no doubt that the sovereign clemency power vested in the President and the Governor is quite wide, but the Supreme Court has in the past cautioned against its use for political considerations. Tamil Nadu Governor Banwarilal Purohit will now have to take a call on the advice of the State’s Council of Ministers and decide whether he is bound by it. The moot question is whether he will pause to consider the Centre’s opinion against releasing those involved in a “diabolical plot” hatched by “a highly organised foreign terrorist organisation” and either reject the proposal or seek its reconsideration. In either case, he will be mindful of the fact that his decision will be subject to judicial review.
The Tamil Nadu government believes there is no legal bar on the convicts getting the benefit of Article 161, even though the mercy petitions of some of them have been rejected by both the Governor and the President. But the issue has thrown up a number of questions that relate to process. For instance, what happens to the four Sri Lankan nationals among the convicts? Will they remain in India or be repatriated? Also, shouldn’t there be a case-by-case evaluation for releasing those sentenced for life? An omnibus order of release clearly will not address the particularities in each case, or evaluate the gravity of their role in the crime and the effect on society of releasing them. In principle, the idea that convicts who have suffered prolonged incarceration require compassion cannot be faulted. The idea of locking away a person for life, without so much as a sliver of hope of freedom, is not in keeping with the ideals of a truly modern society. However, it is impossible to ignore the impact of such a decision on capital punishment.
1. Assassination ( Noun ) : हत्या
Meaning : to kill suddenly or secretively
Synonym : bloodshed , massacre , carnage
Antonym : birth
Usage : After Galeazzo Marias assassination, his crown passed to a boy, Gian Galeazzo, who was in due course married to a grand-daughter of Ferdinand I.
2. Remit ( Verb ) : छोड़ना
Meaning : cancel or refrain from exacting or inflicting
Synonym : assign , forward , consign
Antonym : hold , keep , receive
Usage : If you do not remit the payment for your light bill within two days, your service will be disconnected
3. Recourse ( Noun ) : सहारा
Meaning : a source of help in a difficult situation
Synonym : remedy , aid , appeal , support
Antonym : blockage , hindrance , obstruction
Usage : I have no other recourse than to inform the police.
We may conclude that he never had recourse to this simple experiment.
4. Clemency ( Noun ) : दया
Meaning : mercy
Synonym : forgiveness , kindness , charity
Antonym : cruelty , meanness
Usage : He appealed to the judge for clemency.
There was no recommendations for clemency in the case and none is here recommended.
5. Concur (Verb ) : मिलना-जुलना
Meaning : be of the same opinion
Synonym : assent , unite , accord
Antonym : clash , disagree , disapprove
Usage : I strongly concur with that idea.
I concur with your views in giving him the first prize.
6. Ramifications ( Noun ) : उपशाखा
Meaning : a complex or unwelcome consequence of an action or event.
Synonym : consequence , division
Antonym : cause , origin , source
Usage : These changes are bound to have widespread social ramifications.
7. Diabolical (Adjective ) : पैशाचिक
Meaning : disgracefully bad or unpleasant.
Synonym : cruel , hellish , wicked
Antonym : gentle , good , kind , nice
Usage : The toilets were in a diabolical state.
8. Omnibus ( Adjective ) : सर्वग्राही
Meaning : comprising several items
Synonym : complete , whole , comprehensive
Antonym : incomplete , precise
Usage : In varied business information, company image is provided most omnibus.
9. Incarceration ( Noun ) : क़ैद कर देना
Meaning : the state of being confined in prison
Synonym : captivity , confinement , restrain
Antonym : freedom
Usage : Thousands of dissidents have been interrogated or incarcerated.
10. Sliver ( Verb ) : टूटकर अलग हो जाना
Meaning : cut or break
Synonym : fragment , slice , bit
Antonym : whole
Usage : Cut me just a small sliver of cheese
A sliver of light showed under the door.
