Centre for status quo on remission for 6 Rajiv killers

DAYS BEFORE the death of Tamil Nadu Chief Minister J Jayalalithaa, the Union Law Ministry conveyed to the Ministry of Home Affairs (MHA) to maintain ‘ status quo’ on the state government’s recommendation for granting remission to six convicts in former PM Rajiv Gandhi’s assassination case.

A senior government official told The Indian Express, “Since the matter is sub-judice before the Supreme Court, we will inform the State government regarding the observations made by the Law Ministry.” The communication, according to the official, was kept in abeyance due to deteriorating health of Jayalalithaa, who died on Monday.

Officials also contended that the mercy petitions of all the convicts have been rejected and no further mercy should be shown by the state government to the convicts by granting any relaxation in their sentences. The seven convicts — A G Perarivalan, T Suthendraraja Santhan, V Sriharan, Jayakumar, Robert Payas, Nalini and Ravichandran — have been behind bars for more than 24 years.

In March, Tamil Nadu chief secretary wrote to the Centre informing that they have received several petitions from the convicts requesting for an early release.

In his letter, the Chief Secretary wrote, “The government (State), after taking into consideration the petitions of the seven convicts, has decided to remit the sentences of life imprisonment as they have already served imprisonment for 24 years.”

This was the second time the state government wrote to the Centre seeking remission for the convicts. Earlier, during the UPA tenure, the Tamil Nadu government in February 2014 had proposed to release the convicts following which the Home Ministry went to the SC. The apex court in its judgment in December 2015 cited Section 435 of the Criminal Procedure Code, dealing with remission, and raised seven points. This was referred to a three judge bench to decide on settling the remission pleas.

SC in its then judgment also said that Centre will have the final say in deciding the remission to a person (s) convicted in matters of CBI or any other central agency. The state government later sought review of the judgment and filed a petition saying that the prerogative to grant remission lies with the State.

The former PM was killed in a suicide attack in 1991. Later, the investigations was conducted by multi-disciplinary agency headed by CBI.