Rajiv Gandhi assassination case: TN Governor to decide on remission of convicts in 3-4 days, Solicitor General tells SC

The development is significant as the Tamil Nadu is going for Assembly polls in May this year

The Supreme Court was on Thursday told that the Tamil Nadu Governor will take a decision in three-four days on a recommendation to release seven convicts in the Rajiv Gandhi assassination case.

The Tamil Nadu government’s recommendation to the Governor for a pardon under Article 161 of the Constitution to all the convicts has been pending for over two years.

The development is significant as Tamil Nadu is going for Assembly polls in May this year.

Solicitor General Tushar Mehta, appearing for the TN Governor, submitted before a bench presided over by Justice L Nageswara Rao that a decision will be taken within three-four days by the Governor as per the constitutional provision on power under Article 161 of the Constitution.

Following his submission, the bench posted the petition filed by one of the convicts A G Perarivalan for his early release, for consideration after four weeks.

Convicts V Sriharan alias Murugan, T Suthendraraja alias Santham, Perarivalan alias Arivu, Jayakumar, Robert Payas, P Ravichandran and Nalini have been in jail for over 25 years.

On Wednesday, Additional Solicitor General K M Natra, appearing for the Union government, made legal submissions that only the President has the power to grant pardon in the case.

Questioning delay in the TN Governor’s delay in deciding on Perarivalan’s pardon plea, Additional Advocate General Balaji Srinivasan had said in a lighter note, “A gentleman (Donald Trump) was furiously signing pardons elsewhere. Hope that could have been done here.”

Agreeing to his contention, the bench quipped, “That could have saved us a lot of trouble.” Rajiv 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.

Notably, in August 2018, the Centre had told the Supreme Court it does not concur with the Tamil Nadu government’s proposal to release seven convicts in the case, saying remission of their sentence will set a “dangerous precedent” and have “international ramifications”.

This was, however, was in reference to a letter written by the Tamil Nadu government on March 2, 2016, seeking its concurrence on releasing the seven convicts.