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Updated August 14th, 2021 at 18:47 IST

Madras HC issues notice on plea seeking release of Rajiv Gandhi Assassination convicts

The Madras High Court on Friday issued notice to the Central and state governments regarding the release of the convicts in the Rajiv Gandhi assassination case.

Reported by: Gargi Rohatgi
Madras HC
Image Credit: ANI, PTI | Image:self
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The Madras High Court (HC) on Friday issued a notice to the Central and state governments regarding the release of the convicts in the Rajiv Gandhi assassination case. This comes following a plea from Nalini Sriharan, one of the seven convicts, seeking direction for their release without waiting for the nod of the Tamil Nadu Governor. Nalini Sriharan and six others including, Murugan, Santhan, Perarivalan, Jayakumar, Ravichandran and Robert Payas are currently serving life-term in the assassination of the former PM during a poll rally in May 1991. 

Earlier in September 2019, the K Palaniswami-led AIADMK cabinet had recommended Banwarilal Purohit to consider and order the release of all seven convicts. However, after this, the Governor did not make a decision. Nalini and others filed various writ and habeas corpus petitions to consider their plea for their release. But, the Madras HC had refused to issue any such direction to the Governor.  In her current petition, Nalini sought to declare the Governor's inaction and failure to heed the state's recommendation as "unconstitutional". 

In her present petition, Nalini sought to declare as unconstitutional the Governor’s inaction and failure to heed the State’s recommendation. Praying for a consequential direction to the state government to release the convicts on its without waiting for the approval of the Governor, she had contended that the state government's recommendation is binding on the Governor and he has no other go except to order for their release. He has no discretion whatsoever but to act following the cabinet's recommendation, she added.

On May 21, 1991, former Prime Minister and Congress leader Rajiv Gandhi was assassinated by a Liberation Tigers of Tamil Eelam (LTTE) suicide bomber when he was campaigning for the party at Sriperumpudur. Nalini and six others, namely, Murugan, Santhan, Perarivalan, Jayakumar, Ravichandran and Robert Payas are serving a life term in the assassination of the former Prime Minister.

Rajiv Gandhi assassination convicts' remission plea

 After coming into power, Tamil Nadu CM MK Stalin, had written to President Ram Nath Kovind to accept the recommendation made by the Tamil Nadu government in 2018 to release all seven convicts in the case. Stalin claimed that the convicts have been undergoing the “agony of imprisonment" for three decades. He had said that the majority of political parties have been demanding remission of their life sentences. Earlier in July, the state government also extended the parole of AG Perarivalan for another thirty days, starting on July 28. The convict is currently out on medical grounds, granted by Stalin on May 19. 

Image Credits: ANI, PTI

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Published August 14th, 2021 at 18:47 IST

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