SC orders release of 6 convicts including Nalini in Rajiv Gandhi case

New Delhi/Chennai: The Supreme Court on Friday set free Nalini Sriharan and five other remaining convicts who are serving life term for about three decades in the Rajiv Gandhi assassination case, noting that its earlier order releasing another convict A G Perarivalan was equally applicable to them.

The top court ordered the premature release of the six convicts after holding that all of them are deemed to have served their sentence in relation to the crime. The former prime minister was assassinated by a woman suicide bomber named Dhanu at a poll rally in Sriperumbudur in Tamil Nadu on the night of May 21, 1991.

A bench of justices B R Gavai and B V Nagarathna noted that the Tamil Nadu Government has recommended the remission of sentence of all convicts, which has not been acted upon by the Governor. It also took into account that the conduct of the convicts was satisfactory during incarceration. Life imprisonment implies a jail term for the convict's entire life.

Besides Nalini, the five others to be released are R P Ravichandran, Nalini's husband V Sriharan alias Murugan, Santhan, Robert Payas and Jayakumar. Sriharan, Santhan, Robert and Jayakumar are Sri Lankan nationals.

The Congress termed as "totally unacceptable and completely erroneous" the apex court order and said it has shocked the nation's conscience The party also said it disagreed with former party chief Sonia Gandhi, whose appeal helped in the commutation of death sentence of Nalini in 2000. It asserted that the party's stand had been consistent on this over the years despite the statements of the Gandhi family as it considers this an "institutional matter".

Congress spokesperson Abhishek Singhvi told reporters that the party intended to take "all available remedies, be it review or any other form of legal redress".

Nalini declined to comment on her release citing parole norms but her elated mother S Padma said the feeling of happiness cannot be explained in words.

"It is boundless joy and nothing but ecstasy. The suffering, grief and pain that Nalini and the rest of the family endured for over three decades cannot be put in words," Padma told PTI.

The order was welcomed by Tamil Nadu's ruling DMK, a Congress ally, and its arch rival AIADMK with both the Dravidian parties seeking to claim credit.

Chief Minister M K Stalin said the court order is historic as it reinforced the cornerstone of democratic principles but the DMK leader used it target Governors, asserting it demonstrated that those who hold gubernatorial posts should not put the decisions of elected governments on the back burner.

He said the Governor (Banwarilal Purohit and later R N Ravi) had put the Tamil Nadu Cabinet decision (during the AIADMK regime in 2018) to release the convicts in cold storage.

Stalin said his party-led government exerted pressure on the Raj Bhavan continuously to accord sanction for the release of the convicts.

The AIADMK, which is the main opposition party in Tamil Nadu, said the order is a victory for the continuous legal steps taken by the previous party-led regimes.

Citing legal steps taken for the release of the convicts during the regime of previous governments (20011-21) led by the party, senior leader D Jayakumar said it is a victory for the AIADMK. However, now the DMK government is attempting to take credit for it, he told reporters.

But Anusuya Daisy Ernest, a retired woman police officer and a survivor of the suicide bombing, asked, "What about justice for those killed and injured survivors?" Besides Rajiv Gandhi, 16 people including 9 police personnel were killed in the suicide bombing. The woman suicide bomber also died in the blast which left 45 others injured.

Invoking its extraordinary power under Article 142 of the Constitution, the Supreme Court had on May 18 this year ordered the release of Perarivalan, who had served over 30 years in jail.

Under Article 142, the top court may issue any verdict or order necessary to provide "complete justice".

"The court (SC) held that the Governor in matter of remission of an appellant convicted under section 302 was bound by advice of state cabinet. Undisputedly, in the present case the cabinet has resolved grant of remission to all the applicants.

"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 top court said on Friday.

The Tamil Nadu government had earlier favoured the premature release of Nalini and Ravichandran, saying its 2018 advice for remission of their life sentence is binding upon the governor.

In two separate affidavits, the state government had told the top court that in a cabinet meeting held on September 9, 2018, it had considered mercy petitions of seven convicts in the case and resolved to recommend the governor for remission of their life sentences invoking the power granted under Article 161 of the Constitution.

Nalini and Ravichandran had moved the top court seeking premature release.

Both of them had challenged a June 17 order of the Madras High Court, which rejected their pleas for early release, and cited the apex court judgment ordering the release of co-convict Perarivalan.

Both Nalini and Ravichandran have been on ordinary leave (parole) from December 27, 2021 till date as sanctioned by the Tamil Nadu government under the Tamil Nadu Suspension of Sentence Rules, 1982 and based on their request.

A TADA court had in 1998 sentenced 26 of the accused to death.

In May 1999, the top court upheld the death sentence of Murugan, Santhan, Perarivalan and Nalini, commuted the death sentence of three to a life term and freed the remaining 19 convicts.

Nalini's death sentence was commuted to life imprisonment in 2000.

In 2014, the top court commuted the death sentence of Perarivalan to life imprisonment along with those of Santhan and Murugan on grounds of delay in deciding their mercy petitions.