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SC reduces sentence as convict is in vegetative state

Last Updated: Thursday, March 10, 2011 - 22:10

New Delhi: Using its extraordinary
Constitutional powers in view of the convict`s vegetative
state, the Supreme Court on Thursday reduced the sentence "to the
period already undergone" of an 81-year-old man to 1-year RI
along with ex Kerala Minister R Balakrishna Pillai in a
corruption case.
The apex court used the power under Article 142 which
empowers it to pass any order in the interest of justice.

"We are conscious of the fact that the Prevention of
Corruption Act, 1988, provides for minimum sentence of one
year and the Court is also aware of its limitation and by the
impugned judgment and order dated 10.2.2011, we have awarded
the sentence of one year to the applicant (K Rambhadran Nair).

"The review petition has been filed mainly on the ground
that the applicant is a person of unsound mind and cannot be
kept in prison under Section 30 of the Prisoners Act, 1900. A
person suffering from `Alzheimers` disease (as in the case of
petitioner) is certainly not a person of sound mind and
therefore, cannot be detained in jail," a bench of justices P
Sathasivam and B S Chauhan said in a judgement.

The apex court passed the judgement while allowing the
appeal filed by Rambhadram`s 76-year old wife seeking
condonation of the punishment on the ground that he was in a
vegetative state.

First Published: Thursday, March 10, 2011 - 22:10

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