SC orders release of 6 convicts in Rajiv assassination case
| Date :12-Nov-2022 |
NEW DELHI,
THE Supreme Court on Friday directed the premature release of six convicts, including Nalini Sriharan and R P Ravichandran, serving life term in the assassination case of former Prime Minister Rajiv Gandhi, noting that the Tamil Nadu Government has recommended remission of their sentence.
Besides Nalini and Ravichandran, the four others to be released are Santhan, Murugan, Robert Payas and Jayakumar. The top court also took into account that their conduct was satisfactory during incarceration and they have undertaken various studies. 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. Invoking its extraordinary power under Article 142 of the Constitution, the top court had on May 18 ordered the release of Perarivalan, who had served over 30 years in jail.
Under Article 142, the top court may issue any verdict or order necessary to provide “complete justice”.
“The court (SC) held that the Governor in matter of remission of an appellant convicted under section 302 was bound by advice of State cabinet. Undisputedly, in the present case the cabinet has resolved grant of remission to all the applicants. “We, therefore, find that the factors which weighed with this court while directing the release of A G Perarivalan are equally applicable to the present applicants. We direct that all the appellants are deemed to have served their sentence in relation to the crime. The applicants are thus directed to be released unless required in any other case,” the bench said.
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.
In two separate affidavits, the state government had told the top court that in a cabinet meeting held on September 9, 2018, it had considered mercy petitions of seven convicts in the case and resolved to recommend the Governor for remission of their life sentences invoking the power granted under Article 161 of the Constitution.
Nalini and Ravichandran had moved the top court seeking premature release.
Both of them had challenged a June 17 order of the Madras High Court, which rejected their pleas for early release, and cited the apex court judgement ordering the release of co-convict Perarivalan. Nalini, Santhan, Murugan, Perarivalan, Robert Payas, Jayakumar and Ravichandran were sentenced to life terms and spent over 23 years in jail.