Hindi English Translation || Editorial || Law and public opinion: On Perarivalan release

Law and public opinion: On Perarivalan release

The release of Perarivalan is no endorsement (समर्थन, अनुमोदन, पुष्टिकरण) of any claim (दावा, घोषणा, विवाद) of his innocence (बेगुनाही, अपराध बोध से मुक्ति)

The Supreme Court has invoked (आह्वान, उल्लेख करना, जोड़ना) its extraordinary (असाधारण, अनोखा) power to order the release of A.G. Perarivalan, one of the seven convicts (अपराधी, कैदी) in the Rajiv Gandhi assassination (हत्याकांड) case, for whose freedom his mother, many political parties and vast sections (खंड, अंश) of public opinion have been campaigning (work, push, press, strive, struggle, fight, battle; promote, advocate, support, champion, speak for) for years. The suicide bombing that took the life of Rajiv Gandhi, along with that of 15 others, including nine police personnel (कार्मिक, बल, कर्मचारी), on “Tamil soil” caused a great deal of revulsion (तबदीली, घृणा, प्रतिकर्षण, अवमानना) in the State, but this sentiment (भावना, राय) abated (lessen, decrease, diminish, subside, moderate, decline, relent, slacken, recede, fade, ease off) with the passage of time (समय बीतने के). Perarivalan drew (खींच लेना, आकर्षित करना, जीतना) much public sympathy (सहानुभूति, भावना, आत्मीयता), largely due to the fact that (इस तथ्य के कारण) he was only 19 when he got embroiled (involve, entangle, catch up) in the assassination plot (conspiracy, intrigue, secret plan, secret scheme, stratagem) and later revelations (acknowledgement, admission, confession) that a portion of his confessional (admitting/acknowledging (to doing bad)) statement was improved by a police officer to link his purchase of a battery to the one used in the belt bomb that was used in the suicide bombing. But essentially, the verdict of the three-member Bench (a court of law with a number of judges) is an indictment (charge, accusation, allegation) of the disregard (inaction, inattention, heedlessness, carelessness, neglect, lack of attention, negligence, indifference) for federal norms (rule, standard, criterion) in the deliberate (intentional, calculated, conscious, done on purpose, knowing, wanton, purposeful, premeditated, pre-planned, prearranged, preconceived, predetermined) inaction that Raj Bhavan displayed (manifest, show, exhibit, reveal, disclose) when presented with a Cabinet advice to release them in 2018. Going by the Union government’s arguments, one can discern (find out, discover, come to know, get to know, understand) that it was the Centre’s guiding hand (influence; someone whose ideas and advice people follow) that was responsible for the delay. The then Governor had referred the Cabinet advice to the President for a decision. The Centre, too, argued, that cases involving murder under the IPC came under the President’s exclusive jurisdiction (authority, control, power, dominion, command) in matters of remission (reduction in sentence; forgiveness, pardoning, absolution; cancellation, suspension, repeal, revocation)  of life sentences (a punishment for a criminal of imprisonment for life; prison term, prison sentence, jail sentence, penal sentence). The Court has put an end to all doubts by holding (rule, decide) that the Governor is bound (limit, restrict, confine, restrain) by the State Cabinet’s advice when acting under Article 161 of the Constitution, that his reference (al, transfer, passing on, handover (a matter for decision or consideration to some authority)) to the President was “inimical to the scheme (arrangement, system, organization, configuration, disposition) of the Constitution” and that remission remains firmly under the State’s jurisdiction (territory, region, province, district, area (to which a court of law or other institution can exercise its authority over suits, cases, appeals etc.)) in this case.

Even when a Constitution Bench (a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench)), while resolving legal questions over the statutory power of remission under the Cr.P.C., held that the release of these convicts would require the Centre’s concurrence, it had made it clear that the constitutional powers of the President (Article 72) and the Governor (Article 161) “remain untouched (unaffected, unchanged, unaltered, uninfluenced)”. In the light of (taking into consideration, considering, taking into account, bearing in mind, keeping in mind, taking note of, in view of) this, and the position that remission powers are exercised solely on Cabinet (approval, agreement, assent, acceptance) advice, there was no infirmity (weakness, feebleness, impairment; unsteadiness, hesitation, instability) in the State’s recommendation to the Governor in 2018 for their release. While the Bench has done well to put an end to doubts about the Governor’s remission power and the manner of its exercise, a sticking point (obstacle, bone of contention; a problem or issue that makes you can’t move beyond and it stops all progress and you are stuck) remains. Nothing has been said on what should be done when the absence of any time-frame (a particular period of time (within which something has to be done)) for the President or the Governor is cynically (ironically, desperately, in a distrustful way) exploited to indefinitely (for an unspecified period/time) delay executive decisions. It is impractical (unrealistic, unfeasible, non-viable, impracticable) for every matter to be escalated (heighten, intensify, accelerate) to the point (to the extent, to the degree) that the Supreme Court needs to invoke its extraordinary powers (The Supreme Court of India can invoke its extraordinary powers enshrined in Article 142 of the Constitution to ensure “complete justice” in any case pending before it) under Article 142. However, the judgment should not be seen as any endorsement of the claims of innocence of the convicts in the dastardly (wicked/evil, cruel, heinous, wrongful) conspiracy (plotting, collusion, intrigue, connivance, machination, collaboration). And whether governments should recommend remission on the basis of public opinion remains a question to ponder (think about, give thought to, consider, review, reflect on, mull over, contemplate, deliberate about, chew over, weigh up).

Courtesy: The Hindu

Important Word List With Meaning

1.endorsement (noun)

Hindi Meaning - समर्थन, अनुमोदन, पुष्टिकरण
English Meaning - confirmation, authorization, ratification, sanction, approval, acceptance, validation, agreement, acceptance, support.

2.claim (noun)

Hindi Meaning - दावा, घोषणा, विवाद
English Meaning - assertion, declaration, profession, affirmation, representation, contention.

3.innocence (noun)

Hindi Meaning - बेगुनाही, अपराध बोध से मुक्ति
English Meaning - freedom from guilt, clean hands.

4.invoke (verb)

Hindi Meaning - आह्वान, उल्लेख करना, जोड़ना
English Meaning - cite, refer to, adduce; resort to, have recourse to, turn to.

5.extraordinary (adjective)

Hindi Meaning - असाधारण, अनोखा
English Meaning - unique.

6.convict (noun)

Hindi Meaning - अपराधी, कैदी
English Meaning - prisoner, inmate; criminal, lawbreaker, offender.

7.assassination (noun)

Hindi Meaning - हत्याकांड
English Meaning - murder, killing (of an important person).

8.section (noun)

Hindi Meaning - खंड, अंश
English Meaning - part.

9.personnel (noun)

Hindi Meaning - कार्मिक, बल, कर्मचारी
English Meaning - force, staff, employees, workforce.

10.revulsion (noun)

Hindi Meaning - तबदीली, घृणा, प्रतिकर्षण, अवमानना
English Meaning - disgust, repulsion, contempt, aversion, antipathy, hatred, dislike.

11.sentiment (noun)

Hindi Meaning - भावना, राय
English Meaning - feeling, opinion.

12.the passage of time (phrase)

Hindi Meaning - समय बीतने के
English Meaning - the passing of time.

13.draw (verb)

Hindi Meaning - खींच लेना, आकर्षित करना, जीतना
English Meaning - attract, win, capture, obtain, lure, entice, invite.

14.sympathy (noun)

Hindi Meaning - सहानुभूति, भावना, आत्मीयता
English Meaning - feeling, affinity, empathy, comfort, solace, support.

15.due to the fact that (phrase)

Hindi Meaning - इस तथ्य के कारण
English Meaning - because of (a particular situation under consideration/discussion).

16.extraordinary power (noun)

English Meaning - The Supreme Court of India can invoke its extraordinary powers enshrined in Article 142 of the Constitution to ensure “complete justice” in any case pending before it.

17.Article 142 of the Constitution (noun)

English Meaning - Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order 1 prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

18.campaign (verb)

English Meaning - work, push, press, strive, struggle, fight, battle; promote, advocate, support, champion, speak for.

19.take someone’s life (phrase)

English Meaning - to kill someone.

20.abate (noun)

English Meaning - lessen, decrease, diminish, subside, moderate, decline, relent, slacken, recede, fade, ease off.

21.passage (noun)

English Meaning - course, passing, moving on.

22.embroil (verb)

English Meaning - involve, entangle, catch up.

23.plot (noun)

English Meaning - conspiracy, intrigue, secret plan, secret scheme, stratagem.

24.revelation (noun)

English Meaning - acknowledgement, admission, confession.

25.confessional (adjective)

English Meaning - admitting/acknowledging (to doing bad).

26.bench (noun)

English Meaning - a court of law with a number of judges.

27.indictment (noun)

English Meaning - charge, accusation, allegation.

28.disregard (noun)

English Meaning - inaction, inattention, heedlessness, carelessness, neglect, lack of attention, negligence, indifference.

29.federal (adjective)

English Meaning - relating to a system of government in which establishments such as states or provinces share power with a national government.

30.norm (noun)

English Meaning - rule, standard, criterion.

31.deliberate (adjective)

English Meaning - intentional, calculated, conscious, done on purpose, knowing, wanton, purposeful, premeditated, pre-planned, prearranged, preconceived, predetermined.

32.inaction (noun)

English Meaning - neglect, negligence, disregard, apathy.

33.display (verb)

English Meaning - manifest, show, exhibit, reveal, disclose.

34.go by (something) (phrasal verb)

English Meaning - follow something.

35.discern (verb)

English Meaning - find out, discover, come to know, get to know, understand.

36.guiding hand (noun)

English Meaning - influence; someone whose ideas and advice people follow.

37.aid and advice (phrase)

English Meaning - The real authority to take decisions lies in the elected government. This is the meaning of ‘aid and advice’. Titular head (Governor/Lt. Governor) has to act in accordance to aid and advice.

38.Indian Penal Code (IPC) (noun)

English Meaning - The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The draft was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. IPC deals with crimes and punishments.

39.come under (phrasal verb)

English Meaning - be subject to an authority.

40.jurisdiction (noun)

English Meaning - authority, control, power, dominion, command.

41.remission (noun)

English Meaning - reduction in sentence; forgiveness, pardoning, absolution; cancellation, suspension, repeal, revocation.

42.life sentence (noun)

English Meaning - a punishment for a criminal of imprisonment for life; prison term, prison sentence, jail sentence, penal sentence.

43.put an end to (phrase)

English Meaning - abolish, do away with, get rid of, scrap, end, stop, terminate, eradicate, eliminate.

44.hold (verb)

English Meaning - rule, decide.

45.bound (verb)

English Meaning - limit, restrict, confine, restrain.

46.Article 161 of the Constitution (noun)

English Meaning - As per Article 161, the Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

47.reference (noun)

English Meaning - referral, transfer, passing on, handover (a matter for decision or consideration to some authority).

48.inimical (adjective)

English Meaning - contrary, opposed, hostile, at odds; detrimental, damaging, dangerous, destructive, ruinous.

49.scheme (noun)

English Meaning - arrangement, system, organization, configuration, disposition.

50.jurisdiction (noun)

English Meaning - territory, region, province, district, area (to which a court of law or other institution can exercise its authority over suits, cases, appeals etc.).

51.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

52.statutory (adjective)

English Meaning - legitimate, permissible, admissible, allowable, acceptable, constitutional.

53.Code of Criminal Procedure (CrPC) (noun)

English Meaning - The Code of Criminal Procedure (in India). The main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. CrPC tells about the criminal trial procedure.

54.concurrence (noun)

English Meaning - approval, agreement, assent, acceptance.

55.make clear (phrase)

English Meaning - explain, elucidate, clarify.

56.Article 72 of the Constitution (noun)

English Meaning - it deals with the Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

57.untouched (adjective)

English Meaning - unaffected, unchanged, unaltered, uninfluenced.

58.in the light of (phrase)

English Meaning - taking into consideration, considering, taking into account, bearing in mind, keeping in mind, taking note of, in view of.

59.exercise (verb)

English Meaning - use, employ, make use of, utilize.

60.infirmity (noun)

English Meaning - weakness, feebleness, impairment; unsteadiness, hesitation, instability.

61.exercise (noun)

English Meaning - use, utilization, employment.

62.sticking point (noun)

English Meaning - obstacle, bone of contention; a problem or issue that makes you can’t move beyond and it stops all progress and you are stuck.

63.absence (noun)

English Meaning - lack, non-existence, unavailability.

64.time-frame (noun)

English Meaning - a particular period of time (within which something has to be done).

65.cynically (adverb)

English Meaning - ironically, desperately, in a distrustful way.

66.exploit (verb)

English Meaning - utilize, make use of, put to use, use, make the most of, capitalize on, benefit from.

67.indefinitely (adverb)

English Meaning - for an unspecified period/time.

68.the executive (noun)

English Meaning - the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary.

69.impractical (adjective)

English Meaning - unrealistic, unfeasible, non-viable, impracticable.

70.escalate (verb)

English Meaning - heighten, intensify, accelerate.

71.to the point (phrase)

English Meaning - to the extent, to the degree.

72.dastardly (adjective)

English Meaning - wicked/evil, cruel, heinous, wrongful.

73.conspiracy (noun)

English Meaning - plotting, collusion, intrigue, connivance, machination, collaboration.

74.ponder (verb)

English Meaning - think about, give thought to, consider, review, reflect on, mull over, contemplate, deliberate about, chew over, weigh up.