Centre seeks review of SC’s order in Rajiv case

NEW DELHI: Freeing six convicts involved in the assassination of former prime minister Rajiv Gandhi has resulted in the “miscarriage of justice” and also an interference into the sovereign powers of the Union of India so far as the release of four Sri Lanka nationals is concerned, the Centre told the Supreme Court on Thursday as it demanded a review of the court’s November 11 order granting remission to the convicts.

While the November 11 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 prolonged incarceration, poor health, and good conduct, the Centre complained against not getting an opportunity to argue and explain how the convicts stood on different footings.

“The present matter pertains to grant of remission to the convicts who had assassinated the then Prime Minister of India Sh Rajiv Gandhi. It is submitted that in such a sensitive matter the assistance of Union of India was of paramount importance as the matter has huge repercussions on the public order, peace, tranquility and criminal justice system of the country,” the review petition by the Centre said.

The petition, drafted by advocates Rajat Nair and Vatsal Joshi, rued that no notice was issued to the Union of India, and nor was it formally impleaded as a party before the Supreme Court passed its order on November 11.

“The Union of India (UOI) was not made a party in the special leave petition/criminal appeal filed by the convicts. Hence, the UOI had not been given an opportunity to be heard in the matter. On November 11, this hon’ble court without giving UOI an opportunity of being heard granted remission to six convicts, four of which were foreigners,” the petition said.

A bench led by justice BR Gavai on November 11 freed six convicts, including the sole woman in the group, S Nalini.

The Centre’s petition found fault with the court order that also granted remission to four Sri Lankan nationals. “By not giving Union of India an opportunity of being heard, an order was passed by this hon’ble court dated November 11 interfering with the sovereign powers of the central government dealing with the foreigners,” said the Centre.

Considering the seriousness and sensitivity of the matter and the fact that four out of six convicts were Lanka nationals, the government added, “any decision with regard to foreigners would have serious international implication, therefore, the same falls under the sovereign power of Union of India under the seventh Schedule of the Indian Constitution.”

“GoI’s decision to file review petition against the release of Rajiv Gandhi assassination convicts is a case of belated wisdom dawning. BJP govt.has been blatantly apathetic towards this case. What’s the point in locking the door after the horse has bolted!” Congress general secretary KC Venugopal tweeted.

A Supreme Court bench last week freed six convicts.