Review release of Rajiv Gandhi case convicts: Government to Supreme Court

New Delhi, November 17

The Centre on Thursday moved the Supreme Court seeking a review of its November 11 order for the premature release of six convicts in the Rajiv Gandhi assassination case, saying it didn’t get adequate opportunity to assist the court despite being a necessary party.

Congress calls it belated wisdom

A case of belated wisdom. The BJP govt has been blatantly apathetic towards this case. What’s the point in locking the door after the horse has bolted? KC Venugopal, Congress Gen Secy

What Centre’s petition says

• Order was passed without affording it adequate opportunity to assist the top court
• Convicts didn’t formally implead it as a party
• Open court hearing required
• Four of the six convicts granted remission are Sri Lankan nationals… the matter has international ramifications

In such a sensitive matter, the assistance of Union of India was of paramount importance as the matter has huge repercussions on public order, peace, tranquillity & criminal justice system of the country.

“Thus the absence of any assistance by the Union of India, due to procedural lapse of convicts/petitioners, while the present matter was being finally heard and decided has prevented this court from appreciating the crucial and important evidence in the matter, which if presented, would have assisted this court to arrive at a just and correct judgment in the matter,” it said in its review petition.

It said that “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”.

Rajiv Gandhi, a former Prime Minister, was assassinated on May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, Dhanu, during an election rally.

The top court — which had ordered the release of convict AG Perarivalan on May 18 — said its order in Perarivalan’s case was equally applicable to convicts Nalini Sriharan, Robert Payas, Ravichandran, Suthenthira Raja, alias Santhan, V Sriharan, alias Murugan, and Jayakumar. A day after the order, they all walked free. Review petitions are generally heard “in chamber” — and not in an open court — by a procedure called “hearing by circulation” where advocates representing the parties are not allowed to argue. But in exceptional cases, the court allows open court hearing if convinced about its need.

However, terming the November 11 order releasing the convicts as a “glaring breach of principles of natural justice” which resulted in miscarriage of justice, the Centre demanded an open court hearing of the matter.

It said the judgment had “glaring and manifest errors apparent on the face of record” and keeping in view the international ramifications it entails, there was also substantial cause in the matter warranting its review to give an opportunity to the government to place the correct and germane facts before the court to assist it “to arrive at a just and correct decision in the matter”.

Noting that four of the six convicts granted remission were Sri Lankan nationals, the Centre said, “Granting remission to terrorist of foreign nation, who had been duly convicted for assassinating the ex-PM, is a matter which has international ramifications….”