Aditi Maturu, KIIT School of Law
Facts:
On May 21, 1991, the appellant was accused of murdering Rajeev Gandhi, the former Prime Minister of India. He was found guilty of violating the Terrorist and Disruptive Activities (Prevention) Act of 1987 (also known as TADA), the Arms Act of 1951, the Explosive Substances Act of 1908, the Passport Act of 1967, the Foreigners Act of 1946, and the Indian Wireless Telegraphy Act of 1933.The TADA Court handed down a death sentence to him. However, the Supreme Court commuted the death sentence to life in prison after filing a writ petition in the High Court of Madras, which was then transferred to the Supreme Court.
This case involves the appellant's release from prison following a series of mercy petitions to the President of India and the Governor of Tamil Nadu in accordance with articles 161 and 72 of the constitution, respectively. On August 12, 2011, the mercy petition to the president was denied, and the mercy petitions to the governor were denied twice. However, on December 30, 2015, the appellant requested that his sentence be commuted in accordance with Article 161 of the Constitution. On September 9, 2018, the Tamil Nadu Cabinet adopted a resolution recommending the appellant's release and sent it to the Governor. The petition and the Tamil Nadu Cabinet's recommendation were sent to India's President by the Governor after a little more than two years.
