Supreme Court frees 6 convicts of Rajiv Gandhi assassination case

The court noted that the conduct of the six in custody had been good and they had also acquired many educational qualifications while in jail

(From left) Sriharan alias Murugan, Nalini Sriharan and Santhan: PTI file pictures

R. Balaji   |  TT  |  New Delhi   |  12.11.22 : The Supreme Court on Friday directed the premature release of six convicts serving a life term for the assassination of former Prime Minister Rajiv Gandhi on the ground that the Centre and the Tamil Nadu governor had failed to act on the state government’s recommendation for remission.

The six are Nalini Sriharan, her husband Murugan, Robert Pais, Suthenthira Raja, Ravichandran and Jaikumar.

A bench of Justices B.R. Gavai and B.V. Nagarthna said the convicts, who had spent over 30 years in jail, were entitled to be released on principles of parity with another released convict, A.G. Perarivalan, freed by the top court on May 18 this year.

The top court had invoked its extraordinary power under Article 142 of the Constitution to release Perarivalan. The court on Friday held that the governor, in the matter of remission of an appellant convicted of murder, was bound by the advice of the state cabinet. 

“We, therefore, find that the factors which weighed with this court while directing the release of A.G. Perarivalan are equally applicable to the present applicants. We direct that all the appellants are deemed to have served their sentence in relation to the crime. The applicants are thus directed to be released unless required in any other case,” the bench said.

The court noted that the conduct of the six in custody had been good and they had also acquired many educational qualifications while in jail.

On May 18, the Supreme Court directed the “forthwith” release of Perarivalan after noting that no material had been placed before it by the Centre to justify its opposition to premature release.

The court ruled that neither the Union government nor the President had any executive power over a decision taken by the state cabinet.

Citing the relief granted to Perarivalan, the other convicts had sought their release on the principle of parity.

The six convicts had pointed out that like Peraivalan, they had filed petitions for remission under Article 161 with the Tamil Nadu government in 2018. But the governor and the Centre had failed to act on the recommendation for remission from the state cabinet.

On February 18, 2014, the Supreme Court had commuted the death penalty of Perarivalan, Santhan and Murugan to life imprisonment on the ground that their mercy petitions filed before the President in 2000 were rejected only in 2011.

Nalini and Ravichandran have been on parole since December 27, 2021.