Express News Service
NEW DELHI: In a relief to the six convicts — Nalini Sriharan, Sriharan, RP Ravichandran, Jayakumar, Robert Payas, Santhan, Murugan — who were undergoing life imprisonment in the Rajiv Gandhi Assassination case, the Supreme Court on Friday ordered for their immediate premature release.
A bench of Justices B R Gavai and B V Nagarathna said the judgement of the top court in the case of A G Perarivalan, one of the convicts in the case, is equally applicable in their matter.
“In so far as the applicants before us are concerned, their death sentences were commuted to life on account of delay. We direct that all the appellants are deemed to have served their sentence. The applicants are thus directed to be released unless required in any other case,” the bench said.
The state government on September 9, 2018 had passed a resolution recommending to the Governor the remission of the life sentences of S Nalini and six other life convicts.
The court also noted that they were found to have good conduct in jail and had acquired various degrees during their stay in jail.
In the case of S Nalini, the bench noted that apart from her good conduct and acquiring various degrees, she being a women was incarcerated for three decades. The court’s order came in a plea which was preferred by the convicts challenging Madras HC’s June 17 order of dismissing their pleas for premature release and bail.
While observing that the HC did not have special powers enjoyed by the SC under Article 142 of the Constitution of India, a bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala had said, “The prayer for release of the petitioner by the government on its own pursuant to the recommendation of the Council of Ministers cannot thus be directed. The release cannot be directed even by the court in the absence of the acceptance of the resolution by the Governor of the State. The recommendation of the Council of Ministers has otherwise been sent to the President of India. The development aforesaid is during the pendency of the writ petition. Thus for the reasons aforesaid, the directions sought by the petitioner cannot be given by the court as otherwise it does not have the power similar to what the Apex Court has under Article 142 of the Constitution of India.”
#BREAKING | Six convicts in the #RajivGandhi assassination case to be released. @xpresstn pic.twitter.com/5Ff8qMzV53
— (@NewIndianXpress) November 11, 2022
Before the top court, the convicts while seeking premature release had cited SC’s May 18 order of invoking its jurisdiction under Article 142 of the Constitution and ordering release of AG Perarivalan, a convict in the Rajiv Gandhi assassination case who had served over 30 years in jail.
A bench headed by Justice LN Rao had said that the Tamil Nadu state cabinet’s advice recommending premature release of all the seven convicts was binding on the Governor.
In September 2022, the bench of Justices BR Gavai and BV Nagarathna had sought the Centre and Tamil Nadu government’s response to the pleas of the convicts who were serving life imprisonment.
In October, supporting the pleas preferred by convicts in the Rajiv Gandhi assassination case, RP Ravichandran & Nalini seeking premature release, the Tamil Nadu government had told the SC that the state government’s decision to commute sentences is binding on the Governor. The state had said, “The state government this the competent authority to take decision on the petition filed by the writ petitioner under Article 161 of the Constitution of India and decision of the State Cabinet dated September 9, 2018 there on is final and it can be exercised by His Excellency Governor of Tamil Nadu as per the aid and advice of the State Cabinet.”
It was further stated in the affidavit that the Governor of Tamil Nadu had forwarded the recommendation to the President of India and it still remains undecided by the Hon’ble President for one year and nine months.
Gandhi was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.
In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santhan and Sriharan.
However, in 2014, it commuted the death sentence of Perarivalan to life imprisonment along with those of Santhan and Murugan on grounds of delay in deciding their mercy petitions.
Nalini’s death sentence was commuted to life imprisonment in 2001 on the consideration that she has a daughter.
The Tamil Nadu government had earlier favoured the premature release of Nalini and Ravichandran, saying its 2018 advice for remission of their life sentence is binding upon the governor.
NEW DELHI: In a relief to the six convicts — Nalini Sriharan, Sriharan, RP Ravichandran, Jayakumar, Robert Payas, Santhan, Murugan — who were undergoing life imprisonment in the Rajiv Gandhi Assassination case, the Supreme Court on Friday ordered for their immediate premature release.
A bench of Justices B R Gavai and B V Nagarathna said the judgement of the top court in the case of A G Perarivalan, one of the convicts in the case, is equally applicable in their matter.
“In so far as the applicants before us are concerned, their death sentences were commuted to life on account of delay. We direct that all the appellants are deemed to have served their sentence. The applicants are thus directed to be released unless required in any other case,” the bench said.
The state government on September 9, 2018 had passed a resolution recommending to the Governor the remission of the life sentences of S Nalini and six other life convicts.
The court also noted that they were found to have good conduct in jail and had acquired various degrees during their stay in jail.
In the case of S Nalini, the bench noted that apart from her good conduct and acquiring various degrees, she being a women was incarcerated for three decades. The court’s order came in a plea which was preferred by the convicts challenging Madras HC’s June 17 order of dismissing their pleas for premature release and bail.
While observing that the HC did not have special powers enjoyed by the SC under Article 142 of the Constitution of India, a bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala had said, “The prayer for release of the petitioner by the government on its own pursuant to the recommendation of the Council of Ministers cannot thus be directed. The release cannot be directed even by the court in the absence of the acceptance of the resolution by the Governor of the State. The recommendation of the Council of Ministers has otherwise been sent to the President of India. The development aforesaid is during the pendency of the writ petition. Thus for the reasons aforesaid, the directions sought by the petitioner cannot be given by the court as otherwise it does not have the power similar to what the Apex Court has under Article 142 of the Constitution of India.”
#BREAKING | Six convicts in the #RajivGandhi assassination case to be released. @xpresstn pic.twitter.com/5Ff8qMzV53
— (@NewIndianXpress) November 11, 2022
Before the top court, the convicts while seeking premature release had cited SC’s May 18 order of invoking its jurisdiction under Article 142 of the Constitution and ordering release of AG Perarivalan, a convict in the Rajiv Gandhi assassination case who had served over 30 years in jail.
A bench headed by Justice LN Rao had said that the Tamil Nadu state cabinet’s advice recommending premature release of all the seven convicts was binding on the Governor.
In September 2022, the bench of Justices BR Gavai and BV Nagarathna had sought the Centre and Tamil Nadu government’s response to the pleas of the convicts who were serving life imprisonment.
In October, supporting the pleas preferred by convicts in the Rajiv Gandhi assassination case, RP Ravichandran & Nalini seeking premature release, the Tamil Nadu government had told the SC that the state government’s decision to commute sentences is binding on the Governor. The state had said, “The state government this the competent authority to take decision on the petition filed by the writ petitioner under Article 161 of the Constitution of India and decision of the State Cabinet dated September 9, 2018 there on is final and it can be exercised by His Excellency Governor of Tamil Nadu as per the aid and advice of the State Cabinet.”
It was further stated in the affidavit that the Governor of Tamil Nadu had forwarded the recommendation to the President of India and it still remains undecided by the Hon’ble President for one year and nine months.
Gandhi was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.
In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santhan and Sriharan.
However, in 2014, it commuted the death sentence of Perarivalan to life imprisonment along with those of Santhan and Murugan on grounds of delay in deciding their mercy petitions.
Nalini’s death sentence was commuted to life imprisonment in 2001 on the consideration that she has a daughter.
The Tamil Nadu government had earlier favoured the premature release of Nalini and Ravichandran, saying its 2018 advice for remission of their life sentence is binding upon the governor.
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