Wednesday, February 19, 2014

Pardon to Rajiv Gandhi killers: Jaya's master stroke, Centre in a fix

 It is Tamil Nadu Chief Minister J Jayalalithaa's masterstroke. Jayalalithaa has now put the ball in the Centre's court by ordering the release of all 7 Rajiv Gandhi killers from jail. She has given just three days' time to the Centre to ratify the decision. The Centre is shocked by this sudden development. It looks confused and is trying to come up with a proper response.
After Telangana, the Congress is facing one more trouble from the South. Its decision on the release of Rajiv Gandhi killers will have an impact on the Lok Sabha polls in Tamil Nadu. Jayalalithaa has positioned herself as the sole protector of the Tamil people. If the Centre refuses to ratify the decision, Jayalalithaa can make it a big issue during the polls.
Union Law Minister Kapil Sibal said, "We respect the decision of the Supreme Court commuting their death sentence. We want to know BJP's reaction. The same party was baying for the blood of Afzal Guru. It is not saying anything about others on the death row."



Jayalalithaa has now put the ball in the Centre's court by ordering the release of all 7 Rajiv Gandhi killers from jail. Under Article 161 of India's Constitution, the state government has the power to grant pardons and suspend, remit or commute sentences in certain cases. But legal experts say the centre has to ratify the decision.
If Congress led UPA at the Centre refuses to ratify the Centre's decision, will the DMK, actor Vijaykant led DMDK etc still ally with Congress in the LS polls? Can they be seen as tying up with party that stopped the release of these fellow Tamils?
Interesting that Jayalalithaa who has always been anti-LTTE has taken this decision. Jayalalithaa has been one of the most vocal critics of the LTTE and its methods. She was also on the hit list of the LTTE.
It seems she has changed her mind after the decimation of the LTTE in May 2009 by Sri Lankan armed forces. Perhaps the political considerations outweighed even a very serious matter of utmost importance like granting pardon to Rajiv Gandhi killers.
Announcing the decision Jayalalithha said in the TN Assembly, "CrPC section 435 asks for state to seek centres nod if offence investigated by central agency (in this case CBI). But all convicts will be released if there is no reply in 3 days as per powers vested in the state and spelt out in section 432 of CrPC".
By doing this, Jayalalithaa has snatched the issue from the hands of all other Tamil political parties. Even if the Centre denies ratifying it, it will still serve her political purpose.




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