Journalism of Courage
Ten days before they were to be hanged,the three accused in the Rajiv Gandhi assassination case got a reprieve after the Madras High Court stayed their execution for eight weeks.
The Tamil Nadu Assembly too passed a unanimous resolution appealing to the President to reconsider their mercy pleas an unprecedented move by the deeply divided House. The state government moved the resolution a day after Chief Minister Jayalalithaa had made it clear that she had no powers to grant the three pardon.
Her move comes in the wake of a campaign by the DMK and other parties to press for a reprieve for the three,which is fast gathering momentum in the state.
Stopping the execution of Murugan,Santhan and Perarivalan till September 9,a bench comprising Justices C Nagappan and M Sathayanarayanan issued notices to the Centre,the state government and the police,observing that there had been a delay of over 11 years in the disposal of their petitions seeking presidential clemency.
In Delhi,union Law Minister Salman Khurshid pointed out that the Assembly resolution was not binding on anybody. The state government resolution is not binding on anyone. The state government passes a resolution… I am sure that at the level at which it must be taken seriously and considered,it will be taken, Khurshid told reporters outside Parliament House in reply to a question.
Lodged in Vellore Jail currently,Murugan,Santhan and Perarivalan were sentenced to death for the attack on Rajiv Gandhi during an election rally at Sriperumpudur on May 21,1991,by an LTTE suicide bomber.
The high court is doing justice. Be sure. They have stayed the execution, Ram Jethmalani,who pleaded their case,told reporters after the courts interim order.
Jethmalani,Colin Gonsalves and R Vaigai,appearing for the three convicts,contended the inordinate and inexplainable delay in disposing of their mercy petitions violated Article 21 of the Constitution (Protection of life and personal liberty).
Several political leaders and pro-Tamil activists have said that the men have now served more than 20 years in prison,and do not deserve the death sentence.
The resolution seeking that the President reconsider their mercy pleas was moved in the Assembly shortly before the high court order came. Jayalalithaa said the people of the state were saddened that the death sentence was to be executed soon.
Many political parties have appealed to me to commute death sentences and in order to respect the sentiments of the people of the state,I appeal to the members of the House to pass the resolution unanimously, she said.
Murugans daughter Harithra,studying in London,said,It (the reprieve) means a lot to me. I have applied for a visa and am expecting it in 15 days to travel to India.
The three convicts were sentenced to death in 1999,along with Nalini,who is married to Murugan. After Nalini gave birth to Harithra in jail,her death sentence was commuted to life following a request made by Sonia Gandhi.
MDMK leader Vaiko,who has been strongly pleading for the release of the three,was also present in court.
The delay of 11 years in deciding their mercy plea was mental torture for the convicts,said Jethmalani. You make them suffer thousand times. Is this justice?
The court order and the Assembly initiative were welcomed by Perarivalans family members,present in the court. His mother Arputhammal claimed all the three condemned prisoners were innocent and should be allowed to live.
I was in grief whether I will get my son back. But Amma (Jayalalithaa) has passed a resolution and has given me joy. She has given me hope of bringing back my son. I am extremely happy. I dont know how to express my happiness. I am thankful to all those who worked for this, she told reporters.
Everyone has struggled for my son and this support should be there till my son is released, she said before breaking down.
