Rajiv Gandhi killers’ case: End it now

The President should order the remission of the convicts

Last week’s 30th anniversary of the assassination of former Prime Minister Rajiv Gandhi has given a special significance to the long-standing demand for remission of the life sentences of all seven convicts in the case. All of them have been languishing in jail in Tamil Nadu all these years with various governments stalling the demand for remission through various means and on various grounds. Chief Minister MK Stalin has now written to President Ram Nath Kovind to accept the state government’s recommendation made in September 2018 for remission of their sentences. The convicts include Nalini, her husband Murugan and five others including Perarivalan whose petition for remission came before the Supreme Court earlier this year. The court then observed that there was extraordinary delay on the part of state governor Banvarilal Purohit in taking a decision on the matter. The governor had been told by the court in 2018 to take a decision on it.

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The Central government and the state governor have been resorting to legal and procedural obstructions, by actually inventing hurdles and excuses, to reject the demand. The Supreme Court had as early as 2015 decided that the power of clemency lay with both the President and the governor and either of them could take a decision. But there were more attempts to create legal obstacles, citing unconvincing and untenable arguments. Though the Central government told the Supreme Court in January that the governor would take a decision in four days, the governor chose to send the matter to the President. Governments belonging to both the AIADMK and the DMK have demanded the release of the prisoners. The governor should have acted on the cabinet’s recommendation. Instead, he evaded the issue, presumably because the Central government is not in favour of remission. Both the governor and the Centre are guilty of dilatory and obstructionist tactics in the matter.

The President should accept the Chief Minister’s request and order the remission of the convicts. They are in jail for three decades and have suffered a lot of pain and hardship. Some did not even know that they were part of the assassination plot. Rajiv Gandhi’s family has pardoned them and have sought closure of the case. Justice has already been served in the case, and prolonging their incarceration would be injustice. All legal systems aim at delivery of justice, and justice should always have a human face. It should be reformatory, and not retributory, and should be tempered with mercy. It is not just the government but the society as such that will be found wanting in human and moral considerations and compassion if the right action is not taken in time in such situations.