SC sets free Nalini, 5 other convicts in Rajiv Gandhi assassination case
New Delhi: The Supreme Court on Friday set free Nalini Sriharan, RP Ravichandran and four others serving sentences in the Rajiv Gandhi assassination case.
A Bench of BR Gavai and BV Nagarathna passed the order while taking into consideration the good conduct of convicts in the prison. The apex court noted that they had been behind bars for a very long period.
"Applicants are thus directed to be released unless wanted in any other case. Matter accordingly disposed of," the Bench stated in its order while allowing their pleas for release.
Notably, Nalini, who is out on parole at present, had moved the Supreme Court seeking the early release from jail. The Madras High Court had earlier turned down her plea.
A Bench of Justices BR Gavai and BV Nagarathna said the judgment in the case of AG Perarivalan is applicable in their matter too.
Earlier, the Supreme Court had on May 18 ordered the release of A G Perarivalan, another convict in the Rajiv Gandhi assassination case, who had served more than 30 years in jail. The apex court had exercised its special powers under the Constitution’s Article 142.
The Article enables the Supreme Court to pass orders to ensure complete justice in a case. Nalini cited Perarivalan’s case as filed her petition.
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Nalini Sriharan, Ravichandran, Santhan, Murugan, AG Perarivalan, Robert Payas and Jayakumar were sentenced to life imprisonment. They have already spent more than 23 years in jail. Both Nalini and Ravichandran are on parole since December 27 last year as allowed by the Tamil Nadu Government under the Tamil Nadu Suspension of Sentence Rule, 1982.
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The Supreme Court court further said, "Nalini has been behind bars for over three decades and her conduct has also been satisfactory. She has a PG diploma in Computer Application. Ravichandran's conduct has also been found to be satisfactory and he has undertaken various studies during his incarceration including a PG diploma in Arts. He has also collected various amounts for charity." The top court released Nalini, Ravichandran, Robert Payas, Jayakumar, S Raja, and Shriharan.
The Tamil Nadu government had earlier recommended the pre-mature release of convicts saying that its 2018 aid and advice for the remission of their life sentence is binding upon the Governor.
It had considered mercy petitions of seven convicts in the Rajiv Gandhi assassination case and resolved to recommend the Governor for the remission of their life sentences invoking the power granted under Article 161 of the Constitution.
Nalini and Ravichandran had earlier knocked on the door of the Madras High Court seeking the same relief, however, the High Court had refused to entertain the petition.
The Madras High Court, while turning down the petition, had stated that it did not have special powers that the Supreme Court has under Article 142 of the Constitution and hence, it cannot order their release, like the Supreme Court did for Perarivalan in May 2022.
The High Court had said they could approach the Supreme Court if their plea was based on Perarivalan's release.
Following Perarivalan's release, Ravichandran had sent a letter to Chief Minister MK Stalin seeking the release of the remaining six convicts, including him and mentioned that the Governor has kept the files of release without consideration for over three years which he condemns as an anti-constitutional approach.
Deciding Perarivalan's plea for premature release from jail based on the recommendation made by the Tamil Nadu government in September 2018, the apex court ordered his release, while the six other convicts remain in jail.
Rajiv 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.
- ANI
