RADHAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) An interesting issue has been raised in the present writ petitions. The petitioners have questioned the condition imposed by the Hon'ble President of India while granting clemency to the petitioners, wherein the death sentence imposed against the petitioners was commuted in to one of life imprisonment with a condition that the petitioners should remain in prison for the whole of the remainder of their natural lives and without being entitled to be considered for remission of the term of imprisonment.

(2.) The petitioners were convicted and sentenced to death by judgment dated 05.10.1998 passed by the Principal Sessions Judge, Tirunelveli in SC No.392 of 1997. The said judgment was confirmed by this Court by judgment dated 30.04.1999 and the Hon'ble Supreme Court of India further confirmed the conviction and sentence by dismissing the special leave petitions filed by the petitioners by an order dated 21.06.1999 and the review petitions filed by the petitioners was also dismissed on 15.07.1999.

(3.) The petitioners submitted mercy petitions to His Excellency, Governor of the State of Tamil Nadu. The Governor rejected the mercy petitions. Thereafter, the petitioners submitted mercy petitions before the Hon'ble President of India praying for clemency under Article 72 of the Constitution of India. This mercy petition was examined by the Ministry of Home Affairs and it was recommended to the Hon'ble President that the sentence of death against the petitioners may be modified to one of life imprisonment, with a condition that the petitioners shall remain for the whole of the remainder of their natural lives and there shall be no remission of the term of imprisonment. The mercy petitions along with the recommendation of the Ministry was placed before the Hon'ble President of India.