‘Unacceptable, erroneous’: Congress criticizes SC’s decision on releasing Rajiv Gandhi’s assassinators

It is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue, Jairam Ramesh said.

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New Delhi: Hours after the Supreme Court pronounced the decision of releasing the remaining assassinators of former Prime Minister Rajiv Gandhi, the Congress have brawled on the decision and called the 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”.

"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 criticizes it clearly and finds it wholly untenable," the Congress MP said.

He further said, "it is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue."

SC's decision to free remaining killers of former PM Rajiv Gandhi is unacceptable & completely erroneous. Congress criticises it & finds it wholly untenable. Unfortunate that SC not acted in consonance with spirit of India:Jairam Ramesh, Gen Secy in-charge Communications,Congress https://t.co/17IvZtN8dm pic.twitter.com/R1JrX0LAqY

— ANI (@ANI) November 11, 2022

Supreme Court's order

This comes after the Supreme Court ordered the release of six convicts including Nalini Sriharan and RP Ravichandran, serving life imprisonment in connection with the assassination of former Prime Minister Rajiv Gandhi. 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.

The top 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. On May 18, the Supreme Court had evoked its extraordinary powers under Article 142 of the Constitution to release AG Perarivalan, who was one of the seven convicts in the assassination case. Nalini and Ravichandran had approached the apex court seeking release from prison-like fellow convict AG Perarivalan.

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.

Madras HC's verdict

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.

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. 

(With agency inputs)