The Supreme Court has agreed to hear the Centre’s plea against the Tamil Nadu government’s decision to release all seven men convicted in the Rajiv Gandhi assassination case. Attorney General GE Vahanvati had moved the Supreme Court asking for a stay.
The plea will come up for hearing at 12.30 pm today. The Centre is expected to tell the Chief Justice of India P Sathasivam that Tamil Nadu has to take the decision in concurrence with the central government since Rajiv Gandhi’s assassination was investigated by a central agency, CBI, under a central law, the Terrorist and Disruptive Activities Act or TADA.
Under the existing legal framework, the state cabinet can resolve to exercise the power of remission vested in it under Section 432 of the Criminal Procedure Code. If, however, the conviction is made following prosecution by a central agency and under a central Act, then the state government is bound to consult the Centre. (The seven are also convicted under the Arms Act and Explosive Substances Act.) Sources say the Centre may also seek a review of the Supreme Court verdict of commuting the death sentence of the killers to life imprisonment. Prime Minister Manmohan Singh has condemned the decision by the Tamil Nadu government saying, “The assassination of Shri Rajiv Gandhi was an attack on the soul of India.
TN Government’s proposed course of action to release the killers of Shri Rajiv Gandhi is not legally tenable and should not be proceeded with. The Government is moving a review petition in the SC on fundamental issues of law arising from the assassination of the late Shri Rajiv Gandhi.” Reacting to the Tamil Nadu government’s decision, Congress vice president and Rajiv Gandhi’s son Rahul Gandhi hit out at the state government’s decision saying even a prime minister does not get justice in this country.
“The prime minister gave up his life... (but the) prime minister does not get justice,” he had said. “My father will not come back but it is a national matter, not one of my family or my father... I am personally against death penalty... but if someone kills the prime minister and he is released, how will the common man get justice?” Tamil Nadu Chief Minister J Jayalalithaa had on Wednesday announced that the seven — both Indians and Sri Lankans — convicted in the assassination of the former prime minister will be freed.
The decision to free all seven convicts, including Nalini and Perarivalan, was taken at an emergency meeting of the State Cabinet chaired by Jayalalithaa, All seven had been in prison since 1991, the year a woman Tamil Tiger suicide bomber with an explosive strapped to her chest, blew up former prime minister Rajiv Gandhi at an election rally near Chennai.
The Supreme Court on Wednesday commuted the death sentence of three convicts in the case on the ground of delay in deciding their mercy plea by the Centre. A bench headed by Chief Justice P Sathasivam had 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, First Post reports.
