Rajiv Gandhi assassination: no mercy for killers: Centre to SC

New Delhi

The Centre today asserted in the Supreme Court that the killers of former Prime Minister Rajiv Gandhi did nor deserve any mercy as the assassination was the result of a conspiracy involving foreign nationals.

“Our former Prime Minister was killed by these people.

There was a conspiracy to kill him in which foreign nationals were also involved. What mercy is to be seen or shown? This is to be looked by you (apex court).

“Their mercy plea was rejected by the President and also by the Governor (of Tamil Nadu). So what mercy is being argued?” Solicitor General Ranjit Kumar told a bench a five-judge Constitution Bench headed by Chief Justice H L Dattu.

Among the seven convicts, V Sriharan alias Murugan, Santhan, Robert Pious and Jaya Kumar were Sri Lankan nationals while female convict Nalini, Ravichandran and Arivu are Indians.

The bench was hearing the maintainability of the Centre’s petition opposing Tamil Nadu government’s decision to remit the life sentences and set free seven convicts in Rajiv Gandhi assassination case.

The issue of mercy was raised by  senior advocates Ram Jethmalani who was appearing for Murugan and traced the history of judicial proceedings.

Earlier the court, on the plea of the erstwhile UPA government, had stayed Tamil Nadu’s decision to set free all the seven convicts after remitting their sentences. It had framed seven questions to be decided by a Constitution bench on the scope of executives’ power of remission.

However, Jethmalani and Tamil Nadu government’s senior counsel Rakesh Dwivedi questioned the maintainability of the Centre’s petition saying the Article 32 petition cannot be invoked by the Centre as it did not concern any violation of the fundamental rights with which the state is affected.

The hearing witnessed a debate during which the court said the Centre has a parental duty to voice the grief of victims of the 1991 assassination in Sriperumbudur.

“The Supreme Court commuted the convicts’ death penalty to life. The victims did not complain. But here the state government further tinkers with our judgement. Can CBI through the Centre not move under Article 32 of the Constitution? After all, it’s CBI probe which got them death penalty,” the bench, also comprising Justices F M I Kalifulla, Pinaki Chandra Ghosh, Abhay Manohar Sapre and U U Lalit observed. PTI SJK RKS

The bench said “when CBI is expressing the rights of the victims, then certainly we can entertain the petition of Union of India. CBI as an ivestigator and prosecutor was concerned with the case and if somebody tries to tinker with the case, can’t they come before us?” 

“If the state tries to tinker, can’t CBI come and say I provided protection to this person and can’t I come to protect them in this court?” it said.

However, Dwivedi said the role of CBI comes to an end with the case reaching finality in courts and here the apex court has already pronounced its judgement.

When the bench said it was going to examine who has the executive power of remission — the Centre or the state government – in the cases investigated and prosecuted by the Central probe agencies, the Tamil Nadu counsel said “it is a tough question and there is a tough conflict. It is the issue.” 

The bench said it would be examining whether there was an application of mind by Tamil Nadu government in remitting the life sentences of the seven convicts.

“CBI was the prosecutor on behalf of the victims and the state. Now, the rights of victims have been tinkered by the executive order of the state. So, the fundamental rights of the victim is affected and the fundamental rights of the victim is looked after by the Union of India.

“When the matter is entrusted to CBI, who will have the power to remission? This is an intense question and needs deeper consideration,” the bench observed while addressing various issues including whether the state can file a writ petition under Article 32 of the Constitution in public interest.

The Solicitor General submitted that 18 persons were killed and 48 were critically injured in the 1991 blast and “it is the government who has to take care of interests of the victims. The concept of parens patriae kicks in”.

PTI