The Supreme Court Bench of Justice BR Gavai and BV Nagarathna has issued a notice in the SLP filed by Nalini Sridhar and RP Ravichandran for seeking premature release in the Rajiv Gandhi Assassination Case, seeking a response from the Central Government and the Government of Tamil Nadu.

The two convicts in the case have preferred the present SLP against the dismissal of an appeal by the Madras High Court on 17th June, 2022. Both these accused have been held guilty in the assassination case of Rajiv Gandhi by a court along with the other 24 accused. All 26 accused persons have been tried by a special court constituted under the TADA Act and held them guilty and sentenced but the Apex Court in the earlier round of litigation acquitted 19 accused persons and upheld the sentence of 4 accused. One of the petitioners namely Ravichandran was sentenced to undergo life imprisonment and Nalini was sentenced to capital punishment but her sentence was later commuted to Life Imprisonment in 2000 by the TN Government.

Before the High Court, these accused have pleaded that they be released since the Supreme Court had done the same in the case of co-accused under Article 142 of the Constitution but the High Court of Madras dismissed the appeal observing that the same cannot be done by the High Court since it is not conferred power under Article 142 of the Constitution. The High Court also held that other than the Supreme Court, only the Governor has the power to do the same under Article 161 read with 163 of the Constitution of India.

The Case is not posted by the Supreme Court on 14.10.2022 for further hearing.

Case Details:-

SLP (Crl) No. 7536/2022

R.P. Ravichandran

versus.

State of Tamil Nadu & Ors.

SLP (Crl) No. 8178/2022
S. Nalini

versus

State of Tamil Nadu & Anr.