New Delhi: Finance Minister P Chidambaram Wednesday said he cannot say
he is unhappy about commutation of the death sentence of three convicts
in the Rajiv assasination case but still there was irreparable grief
over the brutal killing of Rajiv Gandhi.
"That grief will always remain. The Supreme Court has not declared them innocent. That's the main point. If they walk free they will walk free 20-22 years. So that's it. If that is the punishment the court felt they should suffer so be it. I do not have to say that I am happy or unhappy," he said.
Chidambaram said as a legal proposition there is an issue with the reasoning of the Supreme Court that mere delay is enough to commute the death sentence.
He questioned the delay saying the mercy petition reached the
Government in 2000 when NDA was in office. They did not deal with it for
nearly four years. It was first taken up only in 2005 and was sent to
the President, where it lay for five years.
"After I became the Home Minister all the pending mercy petitions were returned and I had to deal with them one by one. Therefore to say that mere delay means that the sentence can be commuted to life raises a serious question of law. I think we have to examine the correctness of that proposition.
"I am uncomfortable with the proposition that the mere delay alone is the reason. In a way it's the delay, which has given them a lease of life. If there had been no delay, the whole question would not arise," he said.
Chidambaram said the reasoning on which the judgement stands will be debated.
"That grief will always remain. The Supreme Court has not declared them innocent. That's the main point. If they walk free they will walk free 20-22 years. So that's it. If that is the punishment the court felt they should suffer so be it. I do not have to say that I am happy or unhappy," he said.
Chidambaram said as a legal proposition there is an issue with the reasoning of the Supreme Court that mere delay is enough to commute the death sentence.
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"After I became the Home Minister all the pending mercy petitions were returned and I had to deal with them one by one. Therefore to say that mere delay means that the sentence can be commuted to life raises a serious question of law. I think we have to examine the correctness of that proposition.
"I am uncomfortable with the proposition that the mere delay alone is the reason. In a way it's the delay, which has given them a lease of life. If there had been no delay, the whole question would not arise," he said.
Chidambaram said the reasoning on which the judgement stands will be debated.
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