CHENNAI, NOV 28: As the controversy over whether clemency must be granted to the four convicts condemned to death in the Rajiv Gandhi assassination case rages on among the intelligentsia, there is no unanimity over what should follow the act of mercy, if any. Will they have to remain in jail? How early will they walk out of prison? These are questions which have no ready answers.Although all advocates are unanimous that ``life'' means entire life and the prisoners may well have to cool their heels in jail for a long, long time to come, some believe that the convention of releasing life prisoners after 14 years indicates that the four could be let off in another five years or so.Sec 428 of Criminal Procedure Code provides for the setting off of the time spent in jail while waiting for trial or during investigation, against the sentence. (The four accused Nalini, Murugan, Perarivalan and Santhan ) have already completed eight-and-a-half years in custody during the period of trial.)That the four convictsmay be freed even in another couple of years if the annual remissions are taken into account is however a specious argument. Some of the votaries for the abolition of death sentence are definitely hoping so.But Sec 433 (A) of the CrPC specifies a minimum of 14 years imprisonment for every lifer. Remissions of the term could be considered only after the convicts complete 14 years, it clearly states. Lawyers cite the judgment in Maruram case, 1980, which states that no prisoner sentenced to life has a right to seek release before completion of 14 years in prison.A 14-year term is a convention. But inquiries reveal that there are exceptions to the rule. A classic case seems to be that of Gopal Vinayak Godse, brother of Nathuram Godse, who was sentenced to a life term and whose clemency petition after completion of almost 20 years in jail was rejected. He was released five years later.In the present case, lawyers say, what will follow in the likelihood of the Governor commuting the death sentence tolife will be an ``executive order'' from the State Government specifying the exact number of years the convicts have to spend in jail. It could be the mandatory 14 years after which remissions may be considered depending on the behaviour of the convicts in jail or a much longer term. Or even an entire life in prison!Rally against capital punishment on Nov 30Chennai: A massive rally has been planned on November 30 in the city to protest against capital punishment, Tamizhaga Desiya Iyakkam leader P Nedumaran said on Friday.About 100 organisations were expected to participate in the rallyat the end of which a memorandum will be submitted to Chief Minister M Karunanidhi seeking abolition of capital punishment in the country.Expressing hope that the CM will recommend to the Governor the grant of clemency to the four convicts condemned to death in the Rajiv Gandhi assassination case, Nedumaran said the President will be petitioned for mercy only if Governor M Fathima Beevi rejects thepetition.- ENS
