Rajiv Gandhi Assassination: Centre files review petition against order to release convicts

In a key development, the Centre filed a review petition in the Supreme Court against its order for the release of all convicts in the case of the assassination of former Prime Minister of India Rajiv Gandhi, on Thursday, November 17.

On November 11, a bench of Justices B R Gavai and B V Nagarathna set free Nalini Sriharan and five other remaining convicts who were serving life terms for about three decades, noting that its earlier order releasing another convict AG Perarivalan was equally applicable to them. Invoking its extraordinary power under Article 142 of the Constitution, another bench of Justices  L Nageswara Rao BR Gavai and AS Bopanna had on May 18 ordered the release of Perarivalan, who had served over 30 years in jail.

"It is submitted that the said order granting remission to the convicts who had assassinated the former Prime Minister of the country was passed without affording an adequate opportunity of hearing to Union of India [which was a necessary party to the present lis] or being formally impleaded as a party to the petition," the Centre said in the review petition.

Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally. 

'Unacceptable & unfortunate'

After the order, Congress had expressed disappointment and shock over the verdict, calling it 'unacceptable' and 'unfortunate'. The party's general secretary in-charge of communication Jairam Ramesh issued a statement on behalf of the grand old party, and said, "The decision of the Supreme Court to release the remaining killers of former PM Shri Rajiv Gandhi is totally unacceptable and completely erroneous. The Congress Party criticises it clearly and finds it totally untenable. It is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue."

Rashid Alvi, in an exclusive conversation with Republic, said, "It is really unfortunate. Nobody will be happy. It was Rajiv Gandhi, the former Prime Minister of this country. He died because of a huge conspiracy, and she (Nalini) was a part of the conspiracy. This is very unfortunate. You cannot have a soft corner for any criminal, especially those who have killed an ex-Prime Minister."

Digvijaya Singh, another senior leader said, "There could not be anything more shameful for us than the release of those who killed Rajiv Gandhiji with cruelty."