Supreme Court orders premature release of Rajiv Gandhi's killers

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The Supreme Court on Friday ordered the premature release of six persons convicted for carrying out the assassination of former Prime Minister Rajiv Gandhi. The convicts are currently serving life imprisonment.

A bench of Justices BR Gavai and BV Nagarathna ordered the release of Nalini, Santhan, Murugan, Sriharan, Robert Payas, and Ravichandran on account of satisfactory behaviour they had shown and exercised its jurisdiction under article 142 of the constitution of India.

The passed the order for premature release while hearing plea filed by the prime accused in the case.

On May 18, the top court ordered release of AG Perarivalan, also a convict in the case pertaining to assassination of former Prime Minister. The court had held that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.

"No provision under the Constitution has been pointed out to us nor any satisfactory response tendered as to the source of the Governor’s power to refer a recommendation made by the State Cabinet to the President of India", further remarked the Top Court.

 

On March 9, 2022, the Supreme Court granted bail to Perarivalan since he had been in prison for over 30 years. The court had further noted that the matter needs to be heard at length owing to the stand taken by the government that the State Government does not have the power to entertain a mercy petition under Article 161 of the Constitution of India, especially when the sentence of death imposed has been commuted to life.