Rajiv Gandhi assassination case: SC orders release of Nalini, five others

The Supreme Court on Friday (November 11) ordered the release of all six convicts in the case of the assassination of former prime minister Rajiv Gandhi.

A bench of Justices BR Gavai and BN Nagarathna said the “appellants are free to be set at liberty if not required in any other 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.

The convicts who will be released are Nalini Srihar, Robert Pais, RP Ravichandran, Raja, Shriharan and Jaikumar.

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.

The top court on May 18 this year had ordered the release of AG Perarivalan, by invoking its special powers under Article 142 of the Constitution. While setting him free, the court had observed that the inordinate delay by the Tamil Nadu governor in deciding on Perarivalan’s early release petition under Article 161 warranted his release.

Reacting to the judgment, the Congress said it is “totally unacceptable” and added that it finds it “wholly untenable”.

“The decision of the Supreme Court to free the remaining killers of former PM Shri Rajiv Gandhi is totally unacceptable and completely erroneous. The Congress Party criticises it clearly and finds it wholly untenable. It is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue,” the party’s general secretary in-charge of communications, Jairam Ramesh said in a tweet.

My statement on the decision of the Supreme Court to free the remaining killers of former PM Shri. Rajiv Gandhi pic.twitter.com/ErwqnDGZLc

— Jairam Ramesh (@Jairam_Ramesh) November 11, 2022

According to LiveLaw, the apex court in its judgment on Friday noted that the relief granted to Perarivalan was applicable to the six convicts. The court said while the state government had recommended the release of all the convicts in the case, the Tamil Nadu governor sat on the petitions for a long time.

The bench also said that all the convicts, who have spent three decades in jail, have shown satisfactory conduct.

Rajiv 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.

Here’s what the top court said on the convicts

Robert Pais – “In the case of Robert Pais, it is seen that his conduct is satisfactory and that he is suffering from various illness, he has obtained various degrees.”

Jaikumar – “In the case of Jaikumar also, his conduct is found satisfactory. He also has taken various studies.

Raja – “In the case of Raja, he is also suffering from various ailments. He has written various articles which have not only been published but have also received awards.”

Ravichandran – “In so far as Ravichandran is concerned, his conduct has also been found to be satisfactory and has undertaken various studies. He has also done charitable purposes.”

Nalini – “As far as Nalini is concerned, she is a woman and has been incarcerated for a period of more than three decades and her conduct also is found satisfactory. She has also undertaken various studies.”
Shriharan – “In so far as Shriharan is concerned, his conduct is also found satisfactory and he has also undertaken various studies.”

Read related stories on the case here

REPLUG: All about Article 142, which allowed SC to release Perarivalan

SC answers several questions with historic Perarivalan verdict

Perarivalan case: Why SC verdict gives Stalin an edge in face-off with TN Governor

Pardon of Rajiv killers: After ‘long’ delay, TN Guv passes buck to Prez