Rajiv Gandhi case convicts release | Centre seeks review of Supreme Court order

The Union government contended that the court did not afford it adequate opportunity of hearing before ordering the immediate release of the convicts.

Rajiv Gandhi assassination case convict Nalini Sriharan leaves a special camp after meeting her husband and co-convict Murugan alias Siharan in Tiruchirapalli on November 14, 2022. | Photo Credit: The Hindu

The Centre on Thursday moved the Supreme Court seeking a review of its order prematurely releasing six convicts serving life imprisonment for the assassination of former Prime Minister Rajiv Gandhi in 1991.

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The Union government contended that the court did not afford it adequate opportunity of hearing before ordering the immediate release of the convicts.

The government said the convicts had not made the Union a respondent in the Supreme Court despite being a “necessary and proper party” in the litigation.

“This procedural lapse on the part of the petitioners resulted in non-participation of Union of India in subsequent hearings of the case… absence of Union of India’s assistance to the Supreme Court while adjudication of the matter has resulted into admitted and glaring breach of principles of natural justice and has, in fact, resulted in the miscarriage of justice,” the Centre argued.

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The government further argued that it was “extremely crucial” to highlight that out of the six convicts who were granted remission, four were Sri Lankan nationals.

It said, “Granting remission to terrorists of a foreign nation, who had been duly convicted in accordance with the law of the land for the gruesome offence of assassinating a former Prime Minister of the country, was a matter which had international ramifications and therefore fell squarely within the sovereign powers of the Union of India.”

“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, tranquility and criminal justice system of the country,” the Centre argued.

It contended 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 by the order of November 11”.

Centre seeks review of Supreme Court order releasing Rajiv Gandhi case convicts

The Union government contended that the court did not afford it adequate opportunity of hearing before ordering the immediate release of the convicts.

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