NEW DELHI: Contending that the order directing the release of the convicts who had assassinated the former Prime Minister of the country was passed without affording an adequate opportunity for hearing to the Union of India (UOI), the Centre has moved SC seeking a review of Top Court’s order.
On November 11, a bench of Justices BR Gavai and BV Nagarathna had directed for forthwith release of six convicts who were serving life sentences for more than three decades in the Rajiv Gandhi Assassination case.
The six convicts are, S Nalini, RP Ravichandran, Jayakumar, Suthenthiraraja @ Santhan, Murugan and Robert Pius.
While ordering their release, the bench took into consideration the Tamil Nadu State Cabinet’s recommendation for the premature release of convicts to the Governor on September 9, 2018, which was not acted upon by the Governor. The Governor kept the state’s recommendation pending with his office for more than 2.5 years and thus forwarded the same to the President of India on January 27, 2021 which remains undecided by the President for one year and nine months. The court also noted that they were found to have “satisfactory conduct” and had “acquired various degrees” while being in custody.
The Centre's submitted before the court that, "It is extremely crucial to mention here that out of the six convicts who have been granted remission, four are Sri Lankan Nationals. Granting remission to the terrorist of a foreign nation, who had been duly convicted in accordance with the law of land for the gruesome offence of assassinating the former Prime Minister of the Country, is a matter which has international ramifications and therefore falls squarely within the sovereign powers of the Union of India,” centre’s plea states.
It has been argued in the petition that "the absence of UOI assistance to the apex court while adjudication of the present matter has resulted in admitted and glaring breach of principles of natural justice and has, in fact, resulted in a miscarriage of justice."
The Centre has also argued that procedural lapse on part of the convicts had resulted in non-participation of the Union in subsequent hearings of the case. It had thus 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.
“Convicts, while filing the present SLP had not made Union of India a party respondent to the said SLP despite it being a necessary and proper party. It is evident that the principles of natural justice, the aim of which is to secure justice or to put it negatively to prevent miscarriage of justice have been grossly compromised vide Order dated 11.11.2022,” the plea also stated.
On November 11, the top court had ordered the premature release of six convicts, including Nalini Sriharan, who had hosted the assassin, noting the Tamil Nadu government had recommended remission of their sentence.