SC frees six convicts in 1991 Rajiv Gandhi assassination case [Read Order]

NEW DELHI: The Supreme Court on Friday ordered release of six convicts, undergoing life term in the 1991 Rajiv Gandhi assassination case, saying its previous order setting free another convict A G Perarivalan was applicable on them as well.

A bench of Justices B R Gavai and B V Nagarathna directed for release of convicts, including S Nalini and R P Ravichandran, saying they have been in jail for over 30 years and their overall conduct was satisfactory, they suffered from various ailments and all of them have undertaken various studies during their incarceration.

It also noted the Tamil Nadu government recommended to the Governor for remission in their case four years ago but the matter was kept pending.

Other convicts ordered to be released are V Sriharan alias Murugan, T Suthendraraja alias Santham, Jayakumar and Robert Payas.

The bench noted that this court, in case of convict Perarivalan, had already decided on May 18, 2022 that the Governor was bound to accept the recommendation of the Tamil Nadu government granting remission.

"It could be seen that the court held that the Governor, in the matter of remission of an appellant
convicted under Section 302, was bound by the advice of the State Cabinet. Indisputably, in the present case also, the State Cabinet had resolved to grant remission to all the appellants/applicants," the bench said, in its order.

Senior advocates Gopal Sankaranarayanan and Sanjay Hegde for the convicts, contended that there was no need to await for any response from the Union government.

It is to be noted that after release of Perarivalan by the top court, Nalini and Ravichandran had filed separate pleas in the Madras High Court.

However, the High Court had on June 17 said that it cannot exercise powers under Article 142 of the Constitution to pass a similar order, passed by the top court.

On May 18, the Supreme Court 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.

In an affidavit to the plea by Nalini and Ravichandran, the Tamil Nadu government, through advocate Joseph Aristotle, had said two life term convicts can be released prematurely, as both had served over 30 years in jail and the state had approved remitting sentence of all seven convicts over four years ago.

The state government also pointed out that the Governor did not decide on its recommendations, sent on September 11, 2018, for over two years and forwarded the file to the President on January 27, 2021, which still remained undecided.

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.

[Read Order]