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2019 Supreme(Mad) 2140
IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
Radhakrishnan - Appellant
Vs.
Union of India Rep By Secretary To Government, Ministry Of Home Affairs, New Delhi - Respondent
Writ Petition No. 2808 of 2019, 245 of 2019, 2583 of 2019
Decided On : 24-07-2019
M. Radhakrishnan, Adv., G. Rajagopalan, Adv., T.L. Thirumalaisamy, Adv., M. Mohamed Riyaz, Adv.
Headnote:
Indian Penal Code - Section 45/ 53 - Constitution of India - Article 72 - Petitioners were convicted – Death - Claim of compensation - Term of imprisonment - Petitioners submitted mercy petitions to His Excellency Governor of State of Tamil Nadu Governor rejected mercy petitions. Thereafter, the petitioners submitted mercy petitions before 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 President that the sentence of death against petitioners may be modified to one of life imprisonment with a condition that the petitioners shall remain for whole of remainder of their natural lives and there shall be no remission of the term of imprisonment mercy petitions along with he recommendation of Ministry was placed before President of India – Held, As already observed by this Court, supra the constitutional power of the President of India under Article 72 is absolute and wide in amplitude and it is not possible to lay down any precise and clearly defined guidelines - If while exercising that power President of India had infect taken cue from judgment of the Hobble Supreme Court of India in case that does not in any way affect decision taken by President since it is well within the authority of the President to come to such a conclusion on merits of the case - This Court does not find any arbitrariness or unreasonableness in decision making process adopted by President of India - President of India was well within his powers to impose conditions while granting pardon - As already held by this Court, the condition formed part and parcel of the clemency granted by the President of India and it came as a total package in favor of petitioners while commuting their death sentence petitioners are stopped from questioning condition and at same time take advantage of commutation of death sentence to life imprisonment - Imprisonment for life in terms of Section 53 read with Section 45 of the Penal Code only means imprisonment for rest of life of the convict right to claim remission, commutation reprieve etc. as provided under Article 72 or Article 161 of the Constitution will always be available being Constitutional Remedies untouchable by the Court - Court hold that the ratio laid down in that a special category of sentence; instead of death can be substituted by the punishment of imprisonment for life or for a term exceeding 14 years and put that category beyond application of remission is well-founded and we answer said question in affirmative Whether imprisonment for life in terms of Section 53 read with Section 45 of the Penal Code meant imprisonment for rest of the life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles enunciated in special category of sentence may be made for very few cases where death penalty might be substituted by punishment of imprisonment for life or imprisonment for a term in excess of fourteen years and to put that category beyond application of remission - Petitions are dismissed
JUDGMENT :
N. Anand Venkatesh, J.
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.
4. The Hon'ble President of India on 10.02.2012 agreed with the recommendation made by the Ministry. The Ministry of Home Affairs vide their letter dated 17.02.2012, conveyed the decision of the Hon'ble President of India to the Government of Tamil Nadu. The Principal Secretary to Government of Tamil Nadu by letter dated 25.06.2012 conveyed to the Superintendent of Central Prison, Trichy about the clemency granted by the President of India.
5. It will be useful to extract the entire letter that was sent by the Principal Secretary to Government, hereunder:
Secret, Sealed Cover
Home (Cts-VIA) DEPARTMENT SECRETARIAT, CHENNAI - 9.
Letter No.58227/Cts.VIA/2008-14 Dated:25.06.2012
From
Thiru.R.Rajagopal, I.A.S., Principal Secretaty to Government.
To
The Superintendent (by name), Central Prison, Trichy.
Sir,
Sub:Mercy Petition - Mercy petition of condemned prisoners No.16808 Sheik Meeran, No.16884 Selvam and No.16807 Radhakrishnan under sentence of death and confined at Central Prison, Trichy - Order of the President of India - Communicated - Reg.
Ref: 1.Government Letter No.69032/Cts-1/1999 Dated: 16.10.2000.
2. From Joint Secretary (Judicial) to Government of India, Ministry of Home Affairs, New Delhi, Letter F.No.14/4/1999 - Judicial Cell Dated: 17.02.2012.
******
I am directed to invite your attention to the Government Letter first cited wherein the Mercy petitions received from the condemned prisoners Sheik Meeran, Selvam and Radhakrishnan have been forwarded to Government of India for order of his Excellency The President of India.
2. In the letter second cited, the Joint Secretary (Judicial) to Government of India, Ministry of Home Affairs, New Delhi has reported that the President of India has in exercise of the powers under Article 72 of the Constitution of India, has been pleased to commute the sentence of death awarded to condemned prisoners Sheik Meeran, Selavam and Radhakrishnan by the order dated 5th October, 1998 of Principal Sessions Judge, Tirunelveli, which was confirmed by the Madras High Court and the Supreme Court of India vide their order dated 30th April 1999 and 21st June, 1999 respectively, to life imprisonment with the condition
