Centre seeks review of SC order releasing Rajiv Gandhi assassination convicts

New Delhi: The Centre has sought a review of the Supreme Court order releasing all six convicts in the assassination of former Prime Minister Rajiv Gandhi.

The Centre’ plea said: “It is respectfully submitted that the said 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 (which was a necessary party to the present lis) or being formally impleaded as a party to the petition (the onus of which rested with the appellants/convicts.”

It added that from the record, it appears that 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 said.

“The remaining six convicts filed criminal appeal… no notice was issued to the Union of India nor was Union of India (UoI) formally impleaded as a party. The



UoI was not made a party in the SLP/Criminal Appeal filed by the convicts, hence the UOI had not been given an opportunity to be heard in the matter.”

The apex court on November 11 passed an order allowing premature release of six convicts: S. Nalini, R.P. Ravichandran, Sriharan, Santhan, Murugan, and Robert Payas.

A bench of Justices B.R. Gavai and B.V. Nagarathna had passed the order after noting that convicts’ conduct was satisfactory in the prison and they were imprisoned for a very long period.

The Congress had strongly criticised the release of convicts by the apex court. However, several Tamil Nadu parties, including the state’s ruling DMK, which is an ally of the Congress, had long rallied for the release of the convicts.

On May 18, the Supreme Court invoked its extraordinary powers to do complete justice under Article 142 of the Constitution, as it ordered the release of A.G. Perarivalan, sentenced to life in the assassination.