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Rajiv Gandhi assassination case: Tracing the long-pending trial

The Supreme Court on Tuesday asked the Tamil Nadu government to inform whether a decision has been taken by it on a mercy petition of a convict in the Rajiv Gandhi assassination case. Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally. Here's a timeline of the Rajiv Gandhi assassination case.

Rajiv Gandhi assassination case: Tracing the long-pending trial
Rajiv Gandhi assassination case: Tracing the long-pending trial

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Published : Jan 22, 2020, 7:32 PM IST

Hyderabad: The Supreme Court on Tuesday pulled up the Tamil Nadu government over the delay in taking a decision on a mercy petition filed by a convict in the long-pending Rajiv Gandhi assassination case, and also pointed towards the lack of update in the status report filed by the Centre on CBI-led Multi-Disciplinary Monitoring Agency's (MDMA) investigation into the incident.

The case, which is being fought for the past 29 years, has witnessed several twists and turns.

Though all 26 accused were awarded death penalty by a Terrorist and Disruptive Activities (Prevention) Act (TADA) court in 1998, the Supreme Court confirmed capital punishment only in the case of Murugan, Santhan (both Sri Lankan Tamils), A G Perarivalan and Nalini, wife of Murugan.

While Nalini escaped the noose following a Tamil Nadu Cabinet decision and the Governor’s assent to it after an appeal by former Congress president and Rajiv Gandhi's widow Sonia Gandhi, the top court commuted the death sentence of Perarivalan, Santhan and Murugan to life imprisonment on grounds of a delay of 11 years in deciding their mercy pleas by the Centre.

Here's a timeline of the Rajiv Gandhi assassination case:

1991:
May 21: Former PM Rajiv Gandhi was assassinated at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally. 14 others were also killed in the attack. Subsequently, 26 accused were arrested and over a dozen ended their own lives.

1992:
May 20:CBI-led SIT files charge sheet in TADA designated court at Poonamallee

1998:
Jan. 28:TADA court awards death penalty to all 26 accused put to trial

1999:
May 11: SC sentences four - Nalini, Santhan, Murugan and Perarivalan - to death, commutes death sentence of three, sets 19 others free Oct 17: The four death row convicts send clemency petitions to Tamil Nadu Governor

2000:
Apr 21:Tamil Nadu Governor accepts the State Cabinet's decision to commute the death sentence of Nalini to life imprisonment
Apr 28 : T.N. forwards clemency pleas of Santhan, Murugan and Perarivalan to President

2011:
Aug 12: President rejects the clemency petitions
Aug 26 : Execution of three convicts fixed for September 9, 2011
Aug 30 : Tamil Nadu Assembly adopts resolution recommending commutation of death sentence

2014:
Feb 18: SC commutes the death sentence on grounds of delay in disposing their mercy pleas
Feb 19: TN State Cabinet decides to immediately release Santhan, Murugan, Perarivalan, Nalini, Robert Pious, Jayakumar and Ravichandran; sends its decision to Centre under Section 435 CrPC.
Feb 20: SC on petition from Centre stays T.N. decision to release seven convicts
Apr 1:SC refuses to review its verdict commuting death sentence
Apr 25: SC refers matter on remission of sentence to a constitution bench and frames seven questions to be decided by it.

2015:
Jul 29: SC dismisses Centre's curative plea against commutation of the death penalty
Dec 3: Constitution Bench rules that Centre has primacy in matters of remission under Section 435 of CrPC

2016:
Mar 2: Tamil Nadu government writes again to Centre seeking its views on its decision to free them
Apr 19:Centre rejects T.N. proposal to free the three convicts
Apr 20:Three-judge SC Bench to decide on remission issue

2018:
Sept 6: While disposing Centre's 2014 plea against their release, SC observes that competent authority is at liberty to decide on the merit of Perarivalan's application to T.N. Governor under Article 161.
Sept 9:Tamil Nadu government recommends Governor to release all seven convicts
Sept 9: Perarivalan’s mother Arputhammal met the CM and thanked the government for taking a decision favouring the release of her son and six others.

2019:
July 1: The Tamil Nadu government informs the Madras HC that it would send a reminder letter to the governor's office about the state recommending the release of 7 life convicts, including Nalini Sriharan.

2020:
Jan 4: The Madras HC dismisses a PIL seeking removal of Tamil Nadu governor Banwarilal Purohit for failing to act on state government's recommendation
Jan 14: SC expresses dissatisfaction over lack of progress in the CBI-led MDMA probe into the larger conspiracy behind the assassination
Jan 21:SC wants to know the TN government's position on the mercy petition of convict A G Perarivalan in the Rajiv Gandhi assassination case.
The apex court also pulled up the Centre for filing a similar status report on a probe done by a CBI-led Multi-Disciplinary Monitoring Agency (MDMA) into unravelling a larger conspiracy behind the killing of the former prime minister.
A bench of Justices L Nageswara Rao and Deepak Gupta asked the state government to inform the court about the decision taken by it under Article 161 of the Constitution.

The seven convicts in the case who are serving life imprisonment are AG Perarivalan, V Sriharan alias Murugan, T Suthendraraja alias Santhan, Jayakumar, Robert Payas, Ravichandran and Nalini Sriharan.

Role of these seven conspirators in Rajiv's Assassination :

Nalini (A-1)- She was present at Sriperumbudur venue when the suicide bomber Dhanu set off the explosion. Her death sentence was commuted to life in April 2000.

Santhan - (A-2) A Sri Lanka national who was the conduit between Sivarasan and LTTE Intelligence Chief Pottu Amman. Aided them in transferring money.

Murugan (A-3) Sri Lankan national and member of LTTE. He attended public meetings of Rajiv Gandhi as part of the recce and brainwashed Nalini.

Robert Payas (A-9) Sri Lankan national who provided accommodation for members of the LTTE plotting to assassinate Rajiv Gandhi.

Jayakumar (A-10) Sri Lankan national who accommodated Srinivasan and others allegedly involved in the conspiracy.

Ravichandran (A-16) Underwent arms training in LTTE camp and was involved in pro-LTTE activities in TN.

AG Perarivalan (A-18) 20-year-old, supplied two nine-volt batteries that were used in the improvised explosive used by a suicide bomber.

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