SC orders release of six Rajiv killers serving life terms

NEW DELHI: The Supreme Court on Friday freed six convicts who have spent more than three decades in jail for their involvement in the assassination of former prime minister, Rajiv Gandhi. The order mirrored the reasoning adopted by the top court nearly six months ago when it set free the seventh convict, AG Perarivalan, on the grounds of poor health and good conduct.

A bench of justices BR Gavai and BV Nagarathna said that the criteria adopted for the release of Perarivalan equally applied to the remaining six convicts, including the sole woman in the group, S Nalini, who was arrested on June 14, 1991. Besides Nalini, the other convicts are V Sriharan alias Murugan, RP Ravichandran, T Suthenthraraja alias Santhan, Robert Pious, and Jeyakumar.

Passing a short order, the bench said, “We find that factors which weighed with this Court while directing release of Perarivalan are equally applicable to all present applicants.”

The Tamil Nadu government recommended the release of all seven convicts on September 9, 2018. This opinion was held to be binding on the Tamil Nadu governor by the top court in the Perarivalan case and, therefore, applied to other accused. The

governor sought the advice of the President on the state’s recommendation, but the court said that it was his call to take and that he was bound to follow the decision of the state. As Friday’s order recorded: “This court in its May 18, 2022 judgment held that Governor, in matters of remission of appellants convicted under Section 302 of Indian Penal Code was bound by the Cabinet decision. In the present case also, the Cabinet has resolved to grant remission to the applicants.”

Tamil Nadu chief minister MK Stalin welcomed the Supreme Court’s decision. “I welcome the Supreme Court verdict on the release of six persons,” Stalin said in a tweet. “This judgment of the Supreme Court is proof that the decisions and decisions of the government elected by the people should not be shelved by the governors in the appointed positions,” he said.

The CM, also the president of the ruling Dravida Munnetra Kazhagam, said that his party had championed the cause of their release while in Opposition too. After assuming power last year, his government urged the Centre to release them, writing to then president Ram Nath Kovind and Prime Minister Narendra Modi, and backed the legal battle for setting them free.