SC orders release of six Rajiv Gandhi assassination convicts including Nalini Sriharan, Ravichandran

The Supreme Court on Friday released six convicts undergoing life sentences for the assassination of former Prime Minister Rajiv Gandhi. Heard by a bench of Justices B R Gavai and B V Nagarathna, the precedence of the release of A G Perarivalan, a fellow convict in the case, was followed by the judiciary as the group was let go after more than 30 years of imprisonment, writes ETV Bharat's Maitrie Jha.

New Delhi: The Supreme Court on Friday ordered the release of six convicts, including Nalini Sriharan, serving life sentences for the assassination of former Prime Minister Rajiv Gandhi in 1991. The top court, earlier this year, had released fellow accused A G Perarivalan and noted that the same order applied to the rest.

Speaking to ETV Bharat, Advocate Prabhu, who had appeared for the petitioners, said the court relied on the Perarivalan release judgment. The court, at the time of the hearing, had laid down grounds for release such as long-term cooperation by the convict(s), good conduct, health condition, reformative acts inside the prison and long consideration for release.

The group of seven was sentenced to death in 1991 following the killing of Gandhi on May 21 that year in Tamil Nadu's Sriperumbudur by a female member of the Sri Lankan militant group LTTE, who executed a suicide bomb blast at a rally of the ex-PM, killing the latter as well as several others in the process.

The court in its order noted that Nalini's conduct was satisfactory and she had taken various studies including a diploma in computer application. For RP Ravichandran, the court noted that his conduct was also satisfactory and he, too, had undertaken programmes during incarceration, including a PG Diploma in Arts, and has collected money for charity.

"In so far as the applicants before us are concerned, their death sentences were commuted to life on account of delay...We direct that all the appellants are deemed to have served their sentence...The applicants are thus directed to be released unless required in any other case," the bench of Justices B R Gavai and B V Nagarathna said.

Apart from Sriharan, the five others released today are Santhan, Murugan, Robert Payas and RP Ravichandran. Among them, Nalini and Ravichandran had moved the top court seeking premature release.

While the Apex Court had sentenced the entire group to death in its 1999 order, it commuted Sriharan's sentence in 2001 on the consideration that she has a daughter. In a similar fashion, in 2014 it commuted the sentences of Perarivalan alongside Santhan and Murugan on grounds of delay in deciding their mercy petitions.

Timeline of events in Rajiv Gandhi assassination case:

1. May 21, 1991: Former prime minister Rajiv Gandhi assassinated at a poll rally in Tamil Nadu's Sriperumbudur by a woman suicide bomber, identified as Dhanu.
2. May 24, 1991: Probe handed over to Special Investigation Team (SIT) of Central Bureau of Investigation (CBI).
3. June 11, 1991: CBI arrests A G Perarivalan (19), books him under Terrorism and Disruptive Activities (Prevention) Act (TADA).
4. January 28, 1998: TADA court sentences 26 accused, including Perarivalan, to death.
5. May 11, 1999: Supreme Court upholds Perarivalan's conviction and sentence.
6. October 8, 1999: Supreme Court dismisses Perarivalan's review petition.
7. April 2000: Tamil Nadu governor commutes death sentence of Nalini Sriharan on state government's recommendation and an appeal from former Congress president and Rajiv Gandhi's widow, Sonia Gandhi.
8. August 12, 2011: Perarivalan files mercy petition before President under Article 72 of the Constitution, which is rejected. Aggrieved thereby, Perarivalan files writ petition in Madras High Court.
9. May 1, 2012: High court transfers the case to Supreme Court.
10. February 18, 2014: Supreme Court commutes Perarivalan's death sentence to life imprisonment, along with that of two other prisoners -- Santhan and Murugan -- on grounds of 11-year delay in deciding their mercy pleas by Centre.
11. December 30, 2015: Perarivalan files petition under Article 161 of the Constitution for remission of his sentence.
12. September 9, 2018: Tamil Nadu cabinet passes resolution recommending Perarivalan's release, sends it to governor.
13. January 25, 2021: Tamil Nadu governor forwards petition filed by Perarivalan under Article 161, along with recommendation made by Tamil Nadu cabinet, to the president.
14. March 9, 2022: Supreme Court releases Perarivalan on bail, taking into account that he had spent more than 31 years in jail.
15. May 18, 2022: Supreme Court orders Perarivalan's release, invoking its extraordinary power under Article 142 of the Constitution.
16. August 12, 2022: Nalini Sriharan and Ravichandran move Supreme Court seeking premature release.
17. September 26, 2022: Supreme Court issues notices to Centre, Tamil Nadu government on plea of Nalini Sriharan and Ravichandran seeking premature release.
18. Nov 11, 2022: SC directs premature release of the six remaining convicts in the case, including Nalini Sriharan and Ravichandran, noting that the Tamil Nadu government has recommended remission of sentence to them.