Supreme Court stays Tamil Nadu government’s move to release convicts in Rajiv Gandhi assassination case

NEW DELHI: The Supreme Court on Thursday restrained the Tamil Nadu government from releasing the seven convicts in the Rajiv Gandhi assassination case. The apex court directed the state government to maintain status quo.

"Maintain status quo on all prisoners," a bench headed by the CJI said. "There have been procedural lapses by the Tamil Nadu government in its decision to release seven convicts in Rajiv Gandhi assassination case," the court said.

The Centre had sought a stay on Tamil Nadu government's decision to release all seven convicts in Rajiv Gandhi assassination case. Appearing before a bench headed by Chief Justice P Sathasivam, Solicitor General Mohan Parasaran pleaded for a stay saying the state government should not be allowed to release the prisoners till the apex court decided its review petition challenging commutation of death sentence of three condemned prisoners to life imprisonment on ground of delay in deciding mercy petitions.

Tamil Nadu took a cue from that and invoked its remission powers under section 432, 433 and 435 of the criminal procedure code to write to the centre about its proposal to release seven convicts in the case. Following an emotional reaction by congress Vice President Rahul Gandhi, the government on Thursday opposed the move in the top court. CJI sathasivam agreed that in a case in which a court had commuted death to life remission can only be made after giving special reasons.

"We have to see whether these were followed," the CJI said, listing the case for further hearing on March 6, 2014.

The government also indicated that it would seek a review of the commutation order of the three prisoners.
Besides Santhan, Murugan and Perarivalan, who earned a major reprieve on February 18 from the apex court which spared them from gallows, Nalini, Robert Pious, Jayakumar and Ravichandran are the other four convicts whose release was decided by the Tamil Nadu government.

Santhan, Murugan and Perarivalan are currently lodged in the Central Prison, Vellore, in Tamil Nadu and they are in incarceration since 1991.

Nalini, Robert Pious, Jayakumar and Ravichandran, are undergoing life sentence for their role in the assassination of Gandhi on May 21, 1991 in Sriperumbudur.

The Tamil Nadu government has set a three-day deadline for itself and also to the Centre over the release of the seven convicts.

The Supreme Court had commuted the death sentence of Murugan, Santhan (both Sri Lankan Tamils) and A G Perarivalan on the ground of 11 years delay in deciding their mercy pleas by the Centre.

It had also rejected the Centre's submission that there was no unreasonable delay in deciding their mercy plea and the condemned prisoners did not go through agonising experience as they were enjoying life behind the bars.

Gandhi's assassins were convicted by a TADA court in January 1998 and were awarded death sentence, which was confirmed by the apex court May 11, 1999.
(With inputs from ET Bureau)