The Supreme Court's division bench ordered the release of convicts Nalini Srihar, Robert Pais, Ravichandran, Suthenthira Raja @ Santhan, Shriharan @ Murugan, and Jaikumar in the Rajiv Gandhi assassination case on Friday, November 11, 2022. "The appellants are directed to be set at liberty if not required in any other matter"
The order was issued by a bench of Justices BR Gavai and BV Nagarathna, who noted that the convicts had demonstrated good behaviour in prison and had been imprisoned for an extended period of time.
"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 bench stated that the Perarivalan order applies to the current applicants. The Court noted that the Tamil Nadu Government had recommended the release of all convicts, but the Governor had not acted on it.
The bench also noted that the convicts had been in prison for over three decades and that their behaviour in prison was satisfactory.
The TADA Court sentenced 25 people, including the appellants, to death for the assassination of Rajiv Gandhi in 1998. When the case reached the Supreme Court, a panel led by Justice K.T. Thomas acquitted 19 convicts while upholding the death sentences of four of them (Perivalan, Sriharan, Santhan, and Nalini). Three others were sentenced to life in prison. The Tamil Nadu government commuted Nalini's death sentence to life imprisonment in 2000. Based on a recommendation made by the Tamil Nadu government in September 2018, the Supreme Court exercised its extraordinary powers under Article 142 of the Constitution in May this year to release Perarivalan. After the Supreme Court ordered Perarivalan's release, Nalin and Ravichandran petitioned the Madras High Court for his early release. The Madras High Court, however, dismissed their petition, observing that it lacked the special powers granted to the Supreme Court by Article 142.
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