SC asks Tamil Nadu to inform their decision on convict's mercy plea in Rajiv Gandhi case

The Supreme Court on Tuesday directed the Tamil Nadu government to inform in two weeks if any decision has been taken by the Governor under Article161 of the Constitution on a pardon, commutation or remission of a sentence with regard to convicts in the 1991 Rajiv Gandhi assassination case.

A bench of Justices L Nageswara Rao and Deepak Gupta also pulled up the Centre for failing to make any substantial progress in the pending probe by the CBI-led Multi Disciplinary Monitoring Agency (MDMA) into unravelling a larger conspiracy.

Additional Solicitor General Pinky Anand, appearing for the Centre, said things were beyond its control in view of pending response on Letters Rogatory to various countries.

The court was hearing a plea by convict A G Perarivalan for suspension of life sentence till the completion of the probe by the MDMA.

Senior advocate Gopal Sankaranarayanan, appearing for the convict, said that his matter should be looked into, as he had been in jail for decades.

The petitioner was convicted though his role was only limited to procuring nine-volt batteries, which were allegedly used in the improvised explosive device (IED) that had killed Gandhi.

He said the Tamil Nadu government has to take a call as per the previous direction of the apex court.

In fact, the decision has been taken by the state. Let the Governor decide it, he said.

In view of his submission, the bench said, "We would adjourn the matter for two weeks. Tamil Nadu is directed to inform this court on facts if any decision is taken under Article 161 of the Constitution."