Chennai: Tamil Nadu government has moved the Supreme Court, wanting it to reconsider the judgement that stopped the release of 7 convicts in Rajiv Gandhi’s assassination case. In its petition, the state government pointed to “error apparent” in the judgment. It was “erroneously held to be imperative, safe and appropriate” to conclude that in the cases falling within the jurisdiction of the central government, it will assume primacy and consequently the process of ”consultation’’ in reality be held as the requirement of ”concurrence”.
The petition stated “It is essential to review this judgment as it presumes that a strong Centre, stronger than the one envisaged by the constitutional makers alone will serve the purpose of national integration and larger public interest. This part of the judgment is presumptuous also because it takes a view that if a central government is given a veto power then that would check arbitrary act of the state.” It said the apex court failed to consider the legislative intent in the language used in Section 435 of Criminal Procedure Code, dealing with the power of remission.