TN opposes plea to shift Rajiv case

The Tamil Nadu government today opposed in the Supreme Court a plea to shift out of the Madras High Court the appeals of three Rajiv Gandhi assassins,challenging their death penalty on account of an 11-year delay in deciding their mercy petition by the President.

Tamil Nadu8217;s Additional Advocate General Gurukrishna Kumar opposed the plea for transfer of the three convicts8217; appeals out of the state High Court,denying allegations made before the apex court that the atmosphere in the state was too 8220;vitiated and surcharged8221; to hold a free and fair hearing in the case.

Senior counsel Ram Jethmalani,appearing for the three convicts on death row,also opposed the transfer plea on the ground that Article 139A relating to transfer of certain cases gives power only to the Attorney General of India or the aggrieved parties to file a petition for transfer.

After hearing the arguments,a bench of justices G S Singhvi and S J Mukhopadhaya asked the state to file a counter affidavit within a week and posted the matter for further hearing to October 19.