NEW DELHI,Nov 12,2022: The Supreme Court on Friday ordered the release of all six remaining convicts in the 1991 assassination of former Prime Minister Rajiv Gandhi, noting they had undergone over three decades of incarceration, and that the Tamil Nadu government’s September 9, 2018, decision to release them was binding on the state Governor.
Ordering the release if Nalini Sriharan, Murugan alias Sriharan, P.R. Ravichandran, Robert Payas, Jayakumar and S. Raja, a bench comprising Justices B.R. Gavai and B.V. Nagarathna, relying on the apex court’s plenary powers under Article 142 of the Constitution, noted that their conduct during the long incarceration was good, they pursued their studies, engaged in extracurricular activities and worked for charities.
“The applicants are thus directed to be released unless they are wanted in any other case. The matter is accordingly disposed of,” the bench said in its order, allowing their pleas for release.
The court relied on the May 18 judgment by a bench of Justices L. Nageswara Rao (since retired), B.R. Gavai and A.S. Bopanna, by which one of seven convicts — A.G. Perarivalan — was ordered to be released.
The court by its May 18 judgment had said: “The advice of the state Cabinet is binding on the Governor in the exercise of his powers under Article 161 of the Constitution.” Article 161 of the Constitution spells out the powers of the Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases.
