Two convicts – Nalini Srihar and R P Ravichandran – serving life sentence in the Rajiv Gandhi assassination case, moved the apex court seeking premature release. FILE/PTI
New Delhi: The Supreme Court Friday ordered release of all six convicts in the Rajiv Gandhi assassination case. With this order, the top court released Nalini Srihar, Jaykumar, R P Ravichandran, Robert Pias, Suthendraraja and Sriharan.
Earlier, two convicts – Nalini Srihar and R P Ravichandran – serving life sentence in the Rajiv Gandhi assassination case, moved the apex court seeking premature release.
A Bench of Justices B R Gavai and B V Nagarathna said the top court’s judgement in the case of A G Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, is applicable in their matter.
Judgement applied by SC in premature release of convicts
The Supreme Court has applied its 18 May, 2022, judgment of releasing A G Perarivalan to the remaining convicts serving life sentence after noting that the criteria laid down for Perarivalan was applicable in the case of the remaining convicts.
“The appellants are directed to be set at liberty if not required in any other matter,” the court ordered today.
The top court also noted that the Tamil Nadu government has recommended the release of all convicts, which has not been acted upon by the Governor. It further noted that the convicts have spent more than three decades in prison and that their conduct in the prison was “satisfactory”.
SC invoked special powers to release Perarivalan
In the Perarivalan case, the SC held that the Governor in the matter of remission was bound by state cabinet decision. Observing that the inordinate delay by the Governor in taking a decision warranted Perarivalan’s release, the apex court invoked its special powers under Article 142 of the Constitution to order his release.
Invoking its extraordinary power, the top court had on 18 May ordered the release of Perarivalan, who had served over 30 years in jail.
Rajiv Gandhi assassination case
Former prime minister Rajiv Gandhi was assassinated on the night of 21 May, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at an election rally.
As many as 25 people, including the appellants, were sentenced to death by the TADA Court in the Rajiv Gandhi assassination case.
When the matter was brought up in the Supreme Court, a Bench headed by Justice K T Thomas acquitted 19 convicts, but upheld the death sentences of four of them(Perivalan, Sriharan, Santhan and Nalini). Three others were sentenced to undergo life imprisonment.
In 2000, Nalini’s death sentence was commuted to life imprisonment by the Tamil Nadu government.
The Supreme Court, in 2014, commuted the death sentence of Perarivalan, Sriharan and Santhan to life imprisonment.
In 2018, the AIADMK Cabinet recommended the release of the seven convicts, but the Governor refused to authorise this remission.
With inputs from LiveLaw
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