Posted on: Post Date – 11:50 PM, Thu – 11/17/22
The center has sought a review of the Supreme Court’s order to release all six criminals involved in the assassination of former Prime Minister Rajiv Gandhi.
New Delhi: The center has sought a review of the Supreme Court’s order to release all six criminals involved in the assassination of former Prime Minister Rajiv Gandhi.
The Centre’s plea said: “Respectfully presented, in the absence of a party to the Union of India (the Union of India being the necessary party to the present lis) or as a party to the petition to be duly executed (whose responsibility rests with the appellant/convicted).
It added that, from the record, it appears that the petitioner never filed an application to formally charge the Indian Union as a party respondent. “This procedural lapse by the petitioner resulted in Union of India’s non-participation in the subsequent hearing of the case,” it said.
“The remaining six offenders lodged a criminal appeal… No notice was given to the Union of India and the Union of India (UoI) was not formally enforced as a party. UOI was not a party in the SLP/Criminal Appeal brought by the offenders, so UOI had no chance to be involved in the matter Express your opinion.”
The Supreme Court passed an order on November 11 allowing the early release of six convicts: S. Nalini, RP Ravichandran, Sriharan, Santhan, Murugan and Robert Payas.
Judges BR Gavai and BV Nagarathna passed the order after noting that the prisoners were behaving satisfactorily in the jail and that they had been imprisoned for a long time.
Congress has strongly criticized the Supreme Court for releasing criminals. However, several parties in Tamil Nadu, including the state’s ruling party DMK, which is a Congress ally, have long rallied to demand the release of prisoners.
On May 18, the Supreme Court, invoking its extraordinary powers to deliver justice under Article 142 of the Constitution, ordered the release of AG Perarivalan, who was serving a life sentence in the assassination.
Nalini and Ravichandran then petitioned the Madras High Court for their own release, citing Perarivalan’s case, but the High Court rejected their request. They then challenged the High Court’s order in the Supreme Court. Subsequently, the remaining four criminals also filed a similar plea to the Supreme Court.
The center’s plea said Perarivalan’s case was different from others. “It has been reported that only 3 offenders have actually filed a clemency petition with the Tamil Nadu governor under Section 161 of the Constitution, among other authorities,” it added.
It submits that, given the seriousness and sensitivity of the matter and the fact that the four petitioners are Sri Lankan nationals, any decision on aliens would therefore have serious international ramifications, also within the Union of India under the Seventh Schedule of the Indian Constitution. .
“Therefore, apart from the fact that the order of 11.11.2022 violates the principles of natural justice and contains glaring and glaring errors in the record, the Union of India respectfully submits, taking into account the international implications it entails, and also Important cause of matter worthy of scrutiny and public hearing in which the Union of India may have an opportunity to present correct and relevant facts before this Lord’s Court to assist it in reaching a just and correct decision in relation to the question of why these six offenders Not entitled to any relief from this Court,” the center said.
