Centre moves SC seeking review of its verdict releasing six convicts in Rajiv Gandhi assassination case

Approaching the SC, the Centre contended that the order was passed without hearing it. The six convicts who were jailed in the assassination case of former PM Rajiv Gandhi were released from jails on Saturday (13 November).

New Delhi: Days after the Supreme Court ordered the release of six accused in connection with the assassination of former Prime Minister Rajiv Gandhi, the Central government on Thursday filed a review petition in the SC against its November 11 order. Approaching the apex court, the Centre contended that the order was passed without hearing it. The six convicts who were jailed in the assassination case of former Prime Minister Rajiv Gandhi were released from different prisons in Tamil Nadu on Saturday (13 November). Earlier, the Congress party called the SC verdict “totally unacceptable and completely erroneous”. Congress General Secretary Incharge of Communications Jairam Ramesh, while speaking to media, criticized the move and called it “wholly untenable”.

A bench of Justices B.R. Gavai and B.V. Nagarathna passed the order of releasing the convicts including S. Nalini and her husband Murugan a.k.a. Sri Haran. It noted that the state government has recommended the release of all convicts, and also that the convicts have spent more than two decades in prison and that their conduct was satisfactory.

Seeking a review of the top court`s order, the Centre said, "The order granting remission to the convicts who had assassinated the former Prime Minister of the country was passed without affording an adequate opportunity of hearing to Union of India." 

Centre files review petition in the Supreme Court against the November 11 order allowing the release of all convicts in the Rajiv Gandhi assassination case. pic.twitter.com/stcCnGENnz

— ANI (@ANI) November 17, 2022

It said that the Central government was not made a party in the case. "No application was ever filed by the petitioners formally impleading Union of India as party respondent. This procedural lapse on the part of the petitioners resulted in non-participation of Union of India in subsequent hearings of the case," it added. 

Furthermore, it is extremely crucial to mention here that out of the six convicts who have been granted remission, four are Sri Lankan Nationals, said the plea. "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 ramification and therefore falls squarely within the sovereign powers of the Union of India," the Centre added.

The Supreme Court`s November 11 order "being violative of principles of natural justice and wreaked with glaring and manifest errors apparent on the face of the record, keeping in view the international ramifications it entails, there is also substantial cause in the matter warranting its review and an open hearing, wherein, Union of India could be afforded an opportunity to place the correct and germane facts before this Court to assist it to arrive at a just and correct decision in the matter i.e. why the six convicts were not entitled for any relief by this Court," the Centre further stated.

(With ANI inputs)