Rajiv Gandhi assassination: Tamil Nadu agrees for pre-mature release of convicts
New Delhi, October 13: The Tamil Nadu government recommended the early release of Nalini Sriharan and RP Ravichandran, who are currently serving life sentences in connection with the assassination of former Prime Minister Rajiv Gandhi, in the Supreme Court on Thursday.
In its affidavit, the Tamil Nadu government stated that its 2018 aid and advice for the remission of their life sentence is binding on the Governor. Nalini and Ravichandran have petitioned the Supreme Court.
The Tamil Nadu government stated that during a cabinet meeting on September 9, 2018, it considered mercy petitions from seven convicts in the Rajiv Gandhi assassination case and resolved to recommend to the Governor the remission of their life sentences, invoking the power granted by Article 161 of the Constitution.
It stated, "The said recommendation in respect of seven life convict petitioners was sent to the then governor of Tamil Nadu individually for approval on September 11 and the same was pending with his office since then."
According to Tamil Nadu, the law relating to the Governor's power under Article 161 of the Constitution and the power of the state government in dealing with offences (302 of the IPC) lies within the exclusive domain of the state government and is also well settled.
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The state government asserted that it is the competent authority to decide on the petition filed by Nalini and Ravichandran under Article 161 of the Constitution and "the decision of the state cabinet dated September 9, 2018, thereon is final and it can be exercised by Governor of Tamil Nadu as per the aid and advice of the cabinet".
The state government's recommendation to remit the life sentence of the petitioner was sent to the Governor of Tamil Nadu for approval on September 11, 2018, and it was kept pending with his office for more than two and half years, and the recommendation was finally forwarded by the Governor to the President on January 27, 2021, and it still remains undecided for the past one year and nine months, it added.
Nalini and Ravichandran had petitioned the Supreme Court, citing the Apex Court's decision in the case of co-convict AG Perarivalan, who was released.
Previously, both petitioned the Madras High Court for the same relief; however, the High Court refused to hear the plea.
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-PTC News
