SC orders release of 6 convicts in Rajiv Gandhi assassination case

The Supreme Court on Friday ordered premature release of Nalini Sriharan and R P Ravichandran serving life sentence in the Rajiv Gandhi assassination case

The Supreme Court on Friday directed the premature release of six convicts, including Nalini Sriharan and R P Ravichandran, serving life sentence in the assassination case of former Prime Minister Rajiv Gandhi.

A bench of Justices B R Gavai and B V Nagarathna said the judgement of the top court in the case of A G Perarivalan, one of the convicts in the case, is equally applicable in their matter.

"In so far as the applicants before us are concerned, their death sentences were commuted to life on account of delay...We direct that all the appellants are deemed to have served their sentence...The applicants are thus directed to be released unless required in any other case," the bench said.

Nalini and Ravichandran had moved the top court seeking premature release.

Both of them had challenged a June 17 order of the Madras High Court, which rejected their pleas for early release, and cited the apex court judgment ordering the release of co-convict Perarivalan.

Nalini, Ravichandran, Santhan, Murugan, Perarivalan, Robert Payas and Jayakumar were sentenced to life terms in the case.

Invoking its extraordinary power under Article 142 of the Constitution, the top court had on May 18 ordered the release of Perarivalan, who had served over 30 years in jail.

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.

In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santhan and Sriharan.

However, in 2014, it commuted the death sentence of Perarivalan to life imprisonment along with those of Santhan and Murugan on grounds of delay in deciding their mercy petitions. Nalini's death sentence was commuted to life imprisonment in 2001 on the consideration that she has a daughter.

The Tamil Nadu government had earlier favoured the premature release of Nalini and Ravichandran, saying its 2018 advice for remission of their life sentence is binding upon the governor.

The CASE TIMELINE

May 21, 1991:  Former Prime Minister Rajiv Gandhi assassinated at a poll rally in Tamil Nadu 

June 11, 1991: CBI books A G Perarivalan under TADA Act

January 28, 1998: TADA court sentences 26 accused to death

May 11, 1999: SC upholds Perarivalan's conviction and sentence

October 8, 1999: SC rejects his review petition

April 2000: TN governor commutes death sentence of Nalini Sriharan on state's counsel and former Congress president Sonia Gandhi’s appeal

August 12, 2011: Perarivalan’s mercy petition before President is rejected. He then files writ petition in Madras HC

May 1, 2012: HC transfers case to SC

February 18, 2014: SC commutes death sentences of Perarivalan, Santhan, Murugan to life imprisonment for 11-year delay in deciding mercy pleas

December 30, 2015: Perarivalan files petition for remission of sentence

September 9, 2018: TN Cabinet passes resolution recommending his release

January 25, 2021: TN governor sends petition filed by Perarivalan under Article 161, along with TN cabinet recommendation to president

March 9, 2022: SC releases Perarivalan on bail taking note that he had spent over 31 years in jail

May 18, 2022: SC orders Perarivalan's release under Article 142 of the Constitution

August 12, 2022: Nalini Sriharan and Ravichandran move SC seeking premature release

September 26, 2022: SC issues notices to Centre, TN government on their plea

November 11, 2022: SC directs the premature release of 6 remaining convicts including Nalini Sriharan and Ravichandran