Rajin gandhi
NAVDEEP SINGH SRAN
(Querist) 31 August 2011
This query is : Resolved
In Rajiv Gandhi assassination case,SC give their decision,President reject mercy plea but today chennai (madras)HC stay on death sentence against the decision of SC & president.How it is possible
ajay sethi
(Expert) 31 August 2011
well in the aforesaid case the rejection of mercy petition was after peiod of 11 years . the fact that for 11 years there was a damoscles sword hanging on neck of the convicts but no decision taken weighed in mind of high court so it stayed decision
Kiran Kumar
(Expert) 31 August 2011
the rejection of presidential mercy was otherwise can be seen as politically timed decision...When the Congress is at its all time low in the recent times, this decision was to be used for some political mileage.
Its only my opinion....otherwise there must be a lot of arguments to justify the delay.
Raj Kumar Makkad
(Expert) 31 August 2011
This is nothing but a mockery of law. If those could not be hanged due to various reasons till date, does it mean hanging proceeding may not not be converted today?
Devajyoti Barman
(Expert) 31 August 2011
This case directed against the rejection of the mercy petition on the ground of some old supreme court decision, not against the finality of the decision of the supreme court.
adv. rajeev ( rajoo )
(Expert) 31 August 2011
It is political gimmick. See the effect of this on Afzal Guru and Kasab. This is India.
SAANJAAY GUPTAA
(Expert) 31 August 2011
MHC stays the matter on a writ petition mantioning that there is no specific groung for delay in rejecting the mercy petition pending since 1999, why the people bcm desperate for their hanging, if they wait last 13 years for mercy petition to reject why can't 8 weeks.
Advocate. Arunagiri
(Expert) 31 August 2011
This review petition is filed citing some of the statements of the then I/O who says the investigation is incomplete.
The hanging may get postponed further.
Isaac Gabriel
(Expert) 31 August 2011
This could be presumed as a first step to abolish the death sentence from the statute in tune with the united Nations organisation's covenance.If the judgment of the Madras High court is read with the resolution in the Tamilnadu Assembly to commute the death sentence as life sentence, the quest for human rights felt evrywhere. The Senior lawyers who pleaded for clemency deserves all the honour

Guest
(Expert) 01 September 2011
the main ground on the plea is section 300 of Cr.P.C. and article 20(2) of constitution of india. Regarding double jeopardy. The convicted are been in jail from 1991 to till date. They have punished 20 years in jail. the inmates already undergone the alternate punishment of life imprisonment period. THERE CANNOT BE TWO PUNISHMENT FOR SAME OFFENCE. EXPERTS MAY COMMENT.
Raj Kumar Makkad
(Expert) 01 September 2011
There are not 2 punishments but the system of law is very lengthy here. If political gimmick is made base of court verdicts then what is wrong if the punishments of hanging awarded to Devender Singh Bhullar, a hardcore terrorist or Afjal Guru, another hardcore terrorist or in future also to other accused persons is not converted to simpler punishments or no punishments?
We are thus heading towards a lawlessness society and Rule of Law is being replaced by Rule of Cane.
prabhakar singh
(Expert) 02 September 2011
when a sentence can not be executed for political reasons then why not courts can expunge it on their own,whats wrong in it???/
Advocate. Arunagiri
(Expert) 02 September 2011
I am also supporting the voice of abolishing the capital punishment.
But, in India the capital punishment is not abolished.
What shall be the status of the capital punishment which was already ordered by the court?
The only solution is to amend the law to abolish the capital punishment.