A five-judge Constitution bench headed by Chief Justice HL Dattu, who would be demitting office today, would authoritatively deal with questions raised by the smaller bench while staying the state government's decision to set free seven convicts in the sensational case.
The bench, also comprising justices FMI Kalifulla, Pinaki Chandra Ghosh, Abhay Manohar Sapre and UU Lalit, had reserved the judgement on August 12 after hearing for eleven days the arguments advanced by Solicitor General Ranjit Kumar, who appeared for the Centre, and others including senior advocates Ram Jethmalani and Rakesh Dwivedi, representing V Sriharan alias Murugan, one of the seven convicts, and Tamil Nadu government respectively.
The court would be dealing with seven issues framed by the smaller bench on the scope of the Executive's power of remission. It would decide whether state governments also have power of remission in cases where central agencies like CBI are the prosecutor.
"The issue of such a nature has been raised for the first time in this court which has wide ramification in determining the scope of application of power of remission by the Executives, both the Centre and the State,” the Apex Court had said while referring the matter to the Constitution bench.

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