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TN govt backs release of convicts in Rajiv Gandhi assassination case
The Supreme Court had on September 26 issued notices to the Centre and the Tamil Nadu government on the appeals filed by the two convicts against a June 17 order passed by the Madras high court refusing to grant them release.
Supporting the early release of the Rajiv Gandhi assassination case convicts, the Tamil Nadu government on Thursday told the Supreme Court that the governor is bound by the recommendation of the state to sign off on their remission.
While the 2018 recommendation in favour of the premature release of seven convicts in the case was made by the AIADMK government, the current DMK government in the state has backed the decision through an affidavit filed on Thursday.
The affidavit, filed through advocate Joseph Aristotle, said that the decision taken by the state cabinet on early release of the seven convicts is “final” and can be executed by the governor as per the aid and advice of the state government.
The state government was replying to the petitions filed separately by convicts S Nalini and RP Ravichandran, demanding their release pending the decision of the governor on their mercy pleas. The two convicts have spent over 30 years in custody, and cited the order passed by the top court in May in the case of co-accused AG Perarivalan, who was allowed to walk free as his mercy plea remained pending with the governor since December 2015.
A bench of justices BR Gavai and BV Nagarathna will take up the matter on Friday.
The Supreme Court had on September 26 issued notices to the Centre and the Tamil Nadu government on the appeals filed by the two convicts against a June 17 order passed by the Madras high court refusing to grant them release.
Submitting its affidavit in response, the state government emphasised that it is the competent authority to take the call on remission of the convicts since the petitioner has been undergoing the life sentence in cases that relate directly to the “public order” - a subject within the exclusive domain of the state government.
It added: ‘”The recommendation of the state government remitting the life sentence of the petitioner was sent to Hon’ble Governor of Tamil Nadu for approval on September 11, 2018 and the same had been kept pending with his office for more than two and a half years. The recommendation was finally forwarded by Hon’ble Governor of Tamil Nadu to the Hon’ble President of India on January 27, 2021 and it still remains undecided by the Hon’ble President of India for the past one year and 9 months.”
In their petitions, the two convicts have relied heavily on the top court’s May judgment releasing Perarivalan, declaring that the advice of the state government of September 2018 will be binding on the governor in the exercise of his pardon powers under Article 161. After Perarivalan’s release, the other convicts serving life sentences, include Nalini’s husband Murugan alias Sriharan, Suthenthiraraja alias Santhan, S Jayakumar, and Robert Payas besides Nalini and Ravichandran.
The top court judgment had held: “In the instant case, the Governor ought not to have sent the recommendation made by the State Cabinet to the President of India.”
