Claiming that the three death-row convicts in the Rajiv Gandhi assassination case “enjoyed” and had a “meaningful life” in jail during the last two decades, the government Tuesday urged the Supreme Court not to commute their death sentence to life term. As a Bench led by Chief Justice P Sathasivam reserved the verdict on a plea for commutation by the trio, Attorney General G E Vahanvati said the prolonged incarceration did not have a “dehumanising” effect on them and they were “singing and not swinging between life and death”. Reading out from the petitions filed by convicts Santhan, Murugan and Perarivalan — as well as from their clemency pleas — Vahanvati said the convicts were studying and organising music shows during the pendency of their mercy pleas, hence it could not be said they were agonised. The trio cited the 11-year-long delay by the President in deciding their mercy plea while pleading for commutation. “They were a part of prison social life. There was no torture, no agonising effect during the pendency of their mercy plea. It is their case that they were educating themselves and organising music shows for Tamil Nadu’s Minister for Prisons. They had a meaningful life,” said the AG. But the Be-nch said these facts would not go on to prove they were happy inside the jail, and questioned the AG on whether it was necessary to go into the merits of the case at this juncture. Vahanvati said the submissions were necessary and added: “This court proceeded on the basis that these were condemned prisoners, living in solitary confinement. But that is not the case here. They were enjoying their life inside.” The AG agreed there was a delay in deciding their mercy plea, but contended it was not unreasonable and unconscionable, warranting commutation of death penalty. He referred to their mercy petitions before the President wherein they said they were “morally justified” in killing Gandhi. Vahanvati said, “They. did not express an iota of remorse and grief. They never said they wanted to reform but sought to justify their killing.” Arguing for the convicts, advocatec called the AG’s submissions “insensitive.”
