Editor's Pick: SC orders release of all six Rajiv case convicts

The Supreme Court on Friday ordered the immediate release of six life convicts who have been in prison for more than three decades in the Rajiv Gandhi assassination case. The six convicts are: Nalini, Ravichandran, Jayakumar, Suthenthiraja (Santhan), Murugan and Robert Payas. A Bench of Justices B.R. Gavai and B.V. Nagarathna noted that the Tamil Nadu State Cabinet had recommended their premature release to the Governor in 2018. The Governor, instead of taking a call, had passed on their files to the Centre. The Governor was bound by the advice of the Cabinet in cases of murder as their convictions under the now-lapsed Terrorism and Disruptive Activities (Prevention) Act was set aside by the top court. The Bench referred to the case of their former co-convict A.G. Perarivalan, who was granted premature release by the top court on May 18. The Congress has termed the decision “totally unacceptable and erroneous.” A release by party communications head Jairam Ramesh said “it is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue.” Tamil Nadu Chief Minister M.K. Stalin welcomed the verdict, saying it underlined the fact that Governors nominated to their posts should not sit on resolutions passed by elected governments. In May, the court had ordered Perarivalan’s release exercising its extraordinary powers under Article 142 of the Constitution. The judgment had concluded that the State of Tamil Nadu, and not the Union, had exclusive power to recommend remission in the case. Shortly after the release of Perarivalan, Nalini and Ravichandran had approached the top court for parity. The other four convicts had joined in by filing separate applications in the Supreme Court. Ordering them to be “set at liberty forthwith,” Justices Gavai and Nagarathna also took into account the fact that each of the six convicts had individually exhibited satisfactory conduct during their long incarceration. They had earned postgraduate degrees and diplomas while serving their sentence. In Nalini’s case, the court said she was a woman and had spent more than 30 years in jail. An affidavit filed by Tamil Nadu, represented by advocate Joseph S. Aristotle, had agreed with the petitioners when it said the State Governor was bound by the advice of the State Cabinet, proposing the premature release of convicts Nalini and others. In The Hindu editorial after Perarivalan’s release, it had pointed out that though the court has done well to put an end to doubts about a Governor’s remission power and the manner of its exercise, the judgment should not be seen as any endorsement of the claims of innocence of the convicts. Perarivalan and the others were convicted in the suicide bombing that took the life of Rajiv Gandhi and 15 others on Tamil soil. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. Click here. The Hindu’s Editorials Measuring trade: On the need for consistent export, import data Research first: On the UGC move on research papers by Ph.D. scholars The Hindu’s Daily News Quiz Eight Indian workers are feared to have been dead in a fire in which country, on November 10? Bangladesh Maldives Malaysia Sri Lanka To know the answer and to take the quiz, click here. [logo] Editor's Pick 12 NOVEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( SC orders release of all six Rajiv case convicts The Supreme Court on Friday ordered the [immediate release of six life convicts]( who have been in prison for more than three decades in the Rajiv Gandhi assassination case. The six convicts are: Nalini, Ravichandran, Jayakumar, Suthenthiraja (Santhan), Murugan and Robert Payas. A Bench of Justices B.R. Gavai and B.V. Nagarathna noted that the Tamil Nadu State Cabinet had recommended their premature release to the Governor in 2018. The Governor, instead of taking a call, had passed on their files to the Centre. The Governor was bound by the advice of the Cabinet in cases of murder as their convictions under the now-lapsed Terrorism and Disruptive Activities (Prevention) Act was set aside by the top court. The Bench referred to the case of their former co-convict A.G. Perarivalan, who was granted premature release by the top court on May 18. The Congress has termed the decision “totally unacceptable and erroneous.” [A release by party communications head Jairam Ramesh said]( “it is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue.” Tamil Nadu [Chief Minister M.K. Stalin welcomed the verdict]( saying it underlined the fact that Governors nominated to their posts should not sit on resolutions passed by elected governments. In May, the court had ordered Perarivalan’s release exercising its [extraordinary powers under Article 142]( of the Constitution. The judgment had concluded that the State of Tamil Nadu, and not the Union, had exclusive power to recommend remission in the case. Shortly after the release of Perarivalan, Nalini and Ravichandran had approached the top court for parity. The other four convicts had joined in by filing separate applications in the Supreme Court. Ordering them to be “set at liberty forthwith,” Justices Gavai and Nagarathna also took into account the fact that each of the six convicts had individually exhibited satisfactory conduct during their long incarceration. They had earned postgraduate degrees and diplomas while serving their sentence. In Nalini’s case, the court said she was a woman and had spent more than 30 years in jail. An affidavit filed by Tamil Nadu, represented by advocate Joseph S. Aristotle, had agreed with the petitioners when it said the State Governor was bound by the advice of the State Cabinet, proposing the premature release of convicts Nalini and others. [In The Hindu editorial]( after Perarivalan’s release, it had pointed out that though the court has done well to put an end to doubts about a Governor’s remission power and the manner of its exercise, the judgment should not be seen as any endorsement of the claims of innocence of the convicts. Perarivalan and the others were convicted in the suicide bombing that took the life of Rajiv Gandhi and 15 others on Tamil soil. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Measuring trade: On the need for consistent export, import data]( [Arrow][Research first: On the UGC move on research papers by Ph.D. scholars]( The Hindu’s Daily News Quiz Eight Indian workers are feared to have been dead in a fire in which country, on November 10? - Bangladesh - Maldives - Malaysia - Sri Lanka To know the answer and to take the quiz, [click here](. 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