Rajiv Gandhi assassination: Supreme Court spares convicts death, state may remit sentence

The Supreme Court on Tuesday commuted the death penalty of Rajiv Gandhi's killers to life imprisonment.

New Delhi | Updated: February 19, 2014 8:05 am
SC commuted to life imprisonment the death penalty for three convicts in the Rajiv Gandhi assassination case. SC commuted to life imprisonment the death penalty for three convicts in the Rajiv Gandhi assassination case.

The Supreme Court on Tuesday commuted to life imprisonment the death penalty for three convicts in the Rajiv Gandhi assassination case, after dismissing the government’s appeal that the 11-year delay in deciding their mercy petitions did not entitle them to pardon.

A bench led by Chief Justice P Sathasivam held that it was “indisputable” that the delay in deciding the mercy plea was “inordinate and unreasonable”, and had not been caused by the convicts, Murugan, Santhan and Perarivalan.

“Accordingly, the unreasonable delay caused qualifies as the supervening circumstance, which warrants for commutation of sentence of death into life imprisonment… Exorbitant delay in disposal of mercy petition renders the process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable,” the bench, also comprising Justices Ranjan Gogoi and S K Singh, said.

The court left it open for the Tamil Nadu government to grant remission to the convicts under its executive powers — an especially sensitive decision ahead of the elections. Chief Minister Jayalalithaa, who had in 2011 ensured that the Tamil Nadu assembly passed a resolution demanding commutation of the sentences, did not react on Tuesday.

But former chief minister M Karunanidhi issued a statement in Chennai saying he was “immensely happy” at the verdict, and would be “doubly happy” if they were released. MDMK leader Vaiko said that in light of the “historic judgment”, the state government “should consider the release of all the three (convicts)”.

The Supreme Court based its judgment on last month’s landmark verdict by a constitution bench which ruled that inordinate, unreasonable and unexplained delay was a ground for commutation of death penalty.

Referring to this verdict, the bench on Tuesday said that prolonged incarceration awaiting disposal of mercy plea was “extra-legal and excessive” and hence, the “apex constitutional authorities” (President and Governor) should dispose of such petitions in an expeditious manner.

The bench rejected Attorney General G E Vahanvati’s argument that the prolonged incarceration had had no de-humanising effect on the convicts, who had rather “enjoyed” and lived a “meaningful prison social life”.
It also dismissed his contention that the trio were under legal obligation to produce evidence of their suffering on account of the delay.

Pointing to the several reminders sent by the convicts to the President seeking speedy disposal of their mercy petitions, the court said the executive should exercise its power of clemency one way or the other within a reasonable time.

“We are confident that the mercy petitions filed under Article 72/161 can be disposed of at a much faster pace than what is adopted now, if the due procedure prescribed by law is followed in verbatim… We implore the government to render its advice to the President within a reasonable time so that the President is in a position to arrive at a decision at the earliest,” the court said.

It also recommended to the government that it should add ‘delay’ as a ground for commutation in its circular laying down the conditions for deciding mercy petitions.

Rajiv was killed by an LTTE suicide bomber while on election campaign in Tamil Nadu’s Sriperumbudur in May 1991. Santhan, Murugan and Perarivalan were members of the LTTE. They were convicted and sentenced to death in 1998. Nalini, the fourth convict, was given the same sentence, which was commuted to life in 2000.

Santhan, Murugan and Perarivalan appealed for mercy, but successive presidents gave no decision until 2011, when their plea was finally rejected.

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First Published on: February 18, 2014 10:42 am
  1. L
    lankan
    Jul 31, 2015 at 7:21 am
    Hangman's rope( definition) - A rope that is used by a hangman to execute ONLY Muslims who have been condemned to death by the order of Indian central government.
    Reply
    1. G
      Greg Savage
      Feb 18, 2014 at 9:18 am
      This is indeed a black day for India and its justice system. With our government commuting the death sentence previously awarded to the terrorists who plotted the death of Rajiv hi we are setting up a dangerous precedence which would encourage other anti-national elements and terrorists to commit more heinous crimes against the citizens of this country. Is this move meant to condone the activities of the LTTE or is it aimed at trying to garner a few votes from Tamilnadu for the UPA, one is tempted to ask. However, no self respecting Indian can forget the way our sentiments were betra by the Lankan Tamils when they inated Rajiv hi and killed two thousand army personnel in the 1980's.
      Reply
      1. S
        Satish Chandra
        Feb 18, 2014 at 6:15 am
        Narendra Modi should be whipped and hanged for giving a bouquet of roses to an American diplomat in exchange for a strip search and cavity search of an Indian diplomat. P. Chidambaram should be whipped and hanged for speaking positively about Harvard University where the world’s greatest scientist and greatest Indian of all time was publicly tortured for being an Indian. The Italian woman and son should be whipped and hanged for partiting in crimes against him with the help of the CIA’s 24-hour satellite surveillance of him for the past 37 years. You do not shake hands with any representative of a country whose potion will be made to eat one another till no one remains alive. IndiasLegitimateRulerSatishChandraDOTblogspotDOTcom1:15am
        Reply