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H.L.DATTU, FAKKIR MOHAMED IBRAHIM KALIFULLA, PINAKI CHANDRA GHOSE, A.M.SAPRE, UDAY UMESH LALIT
Union of India – Appellant
Versus
V. Sriharan @ Murugan – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.—The Petitioner has challenged the letter dated 19.02.2014 issued by the Chief Secretary, Government of Tamil Nadu to the Secretary, Government of India wherein the State of Tamil Nadu proposed to remit the sentence of life imprisonment and to release the respondent Nos. 1 to 7 in the Writ Petition who were convicted in the Rajiv Gandhi assassination case. As far as respondent Nos. 1 to 3 are concerned, originally they were imposed with the sentence of death. In the judgment reported as V. Sriharan alias Murugan v. Union of India & Ors., (2014) 4 SCC 242, the sentence of death was commuted by this Court. Immediately thereafter, the impugned letter came to be issued by the State of Tamil Nadu which gave rise for the filing of the present Writ Petition. While dealing with the said Writ Petition, the learned Judges thought it fit to refer seven questions for consideration by the Constitution Bench in the judgment reported as Union of India v. V. Sriharan @ Murugan & Ors., 2014 (11) SCC 1 and that is how this Writ Petition has now been placed before us. In paragraph 52, the questions have been framed for consideration by this Bench. The said

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