Government seeks review of SC ruling on commuting death sentence to life

NEW DELHI: The government on Saturday sought a review of a recent Supreme Court (SC) ruling, which helped the Rajiv Gandhi murder case death row convicts have their sentences commuted to life, setting the stage for the Jayalalithaa government in Tamil Nadu to explore the option of setting them free.

The proposed release of seven conspirators in the case, including three death row convicts whose sentences were commuted to life by the SC, triggered a political storm after Congress vice-president Rahul Gandhi made an emotional statement opposing their release.

This prompted the government to first rush to the top court and get a restraining order against the state and then file a review of the Shatrughan Chauhan ruling, which now makes delay synonymous with having death sentence commuted to life. The review was filed by lawyer BK Prasad.

The January 21, 2014, ruling also clarified that death row convicts in terror cases would be treated no differently from ordinary criminals when it came to deciding mercy pleas, no mentally ill person would be hung, and set the terms for all future hangings to prevent a repeat of Afzal Guru.

The Afzal Guru hanging was done in utter secrecy even without his family being informed. The court has closed this loophole. No prisoner can now be hung without his family members first being informed. Prisoners would be hung only after a 14-day notice period to wind up their worldly affairs, the court ruled.