Centre seeks review of SC order to release six convicts including 4 Lankans in Rajiv Gandhi case

The Centre said the release order was passed without affording it adequate opportunity for hearing

The Centre Thursday filed a review petition in the Supreme Court against the November 11 order for the release of six convicts in the 1991 Rajiv Gandhi assassination case, saying four Sri Lankan nationals were set free, without hearing it, even though they played a distinct and more serious role than others.

The Ministry of Home Affairs said the order for the release of four Sri Lankan nationals, convicted of the assassination of former Prime Minister, was passed without giving the Union of India an opportunity of being heard, "interfering with the sovereign powers of the central government dealing with the foreigners which have been recognised by this court".

Maintaining that there is an error apparent on the face of the record, the Union government contended that this is "a fit case for reconsideration of the order".

"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, tranquillity and criminal justice system of the country," the plea said.

Also Read | 'Compromise with terrorist act': Congress slams Modi govt's silence as Rajiv Gandhi convicts walk free

The court had set free six convicts, undergoing life term, saying its previous order of May 18 releasing another convict A G Perarivalan was applicable to them as well.

The order came on a plea filed by S Nalini and R P Ravichandran. Others also released by the order were V Sriharan alias Murugan, T Suthendraraja alias Santham, Jayakumar and Robert Payas. The court had then noted that all of them had undergone more than 30 years in jail and their conduct during the incarceration was good.

In its review petition, the Union government said despite being acknowledged as a necessary party in the matter, the Centre was never heard, in a "gross compromise" with the principles of natural justice.

Further, it said, "The order of May 18 (Perarivalan) is not applicable to the present situation because majority of the appellants therein were foreign nationals and had a distinct and more serious role."

Notably, the Tamil Nadu government had supported the plea for premature release by the convicts saying that the Governor did not decide on its recommendations on remission of their sentence, sent on September 11, 2018, for over two years and forwarded the file to the President on January 27, 2021, which still remained undecided.