Order for release of Rajiv Gandhi case convicts wreaked with glaring and manifest errors, MHA to SC [Read Order]

NEW DELHI: The Union government has filed a plea in the Supreme Court seeking review of the November 11 order for release of six convicts in the 1991 Rajiv Gandhi assassination case.

The Ministry of Home Affairs said the order for release of four Sri Lankan nationals, convicted of assassination of former Prime Minister, was passed without giving Union of India an opportunity of being heard, "interfering with the sovereign powers of the central government dealing with the foreigners which have been recognised by this court".

Four Sri Lankan nationals were set free, without hearing it, even though they played a distinct and more serious role than others, it claimed.

In view of the international ramifications it entails, there is substantial cause in the matter warranting review and an open hearing, the Union government said, adding it should be afforded an opportunity to place the correct and germane facts why the six convicts were not entitled for any relief.

The Union government also contended that this is "a fit case for reconsideration of the order", as it is violative of principle of natural justice. The order is "wreaked with glaring and manifest errors apparent on the face of the record".

The plea also said, "In such a sensitive matter the assistance of Union of India was of paramount importance as the matter has huge repercussions on the public order, peace, tranquillity and criminal justice system of the country.

Six convicts, undergoing life term, were set free by the court which said that its previous order of May 18 releasing another convict A G Perarivalan was applicable on them as well.

S Nalini and R P Ravichandran have filed separate petitions for their release. However, those ordered to be released are V Sriharan alias Murugan, T Suthendraraja alias Santham, Jayakumar and Robert Payas on the ground that all of them had undergone more than 30 years in jail and their overall conduct during the incarceration was good.

In its review petition, the Union government said despite being acknowledged as a necessary party in the matter, the Centre was never heard, in a "gross compromise" with the principles of natural justice.

Moreover, it said, "The order of May 18 (Perarivalan) is not applicable to the present situation because majority of the appellants therein were foreign nationals and had a distinct and more serious role."

On May 18, the Supreme Court had invoked its extraordinary powers under Article 142 of the Constitution, as it ordered the release of Perarivalan, sentenced to life imprisonment in the assassination case.

Pertinently, the Tamil Nadu government had supported the plea for premature release by the convicts saying that the Governor did not decide on its recommendations on remission of their sentence, sent on September 11, 2018, for over two years. The Governor on January 27, 2021 and forwarded the file to the President, where the matter was still pending.

Rajiv Gandhi was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at an election rally. Fourteen others, including Dhanu herself, were also killed.

The top court had on February 18, 2014, commuted the death sentence of three convicts - Murugan, Santhan and Perarivalan - citing inordinate delay (of 11 years) by the executive in deciding their mercy plea.

In 1998, the TADA court sentenced 26 of the accused to death.

In May 1999, the top court had upheld the death sentence of four namely Murugan, Santham, Perarivalan and Nalini, commuted the death sentence of three to life term and freed the remaining 19 convicts.

In April 2000, the Tamil Nadu Governor had commuted the death sentence of Nalini on the basis of state government's recommendation and an appeal by then Congress President Sonia Gandhi, wife of Rajiv Gandhi.

[Read Order]