A Central Government has filed a review petition before the Apex Court challenging the November 11 order which allowed release of six convicts in the assassination case of the Former PM Rajiv Gandhi.
The review petition was filed through advocate Arvind Kumar Sharma who stated that the Union government was not made a party to the hearing and its stance was not heard and consequently, several glaring errors on record were not brought to the notice of the Court.
The plea said that it was very strange that the when the matter pertains to the former PM ,why was Union Government not made a party.
The petition added that due to procedural lapse of convicts/petitioners, the crucial and important evidence in the matter were not given importance, which has eventually resulted into patent and manifest errors apparent on the face of record creeping into the final judgment.
The Apex court had ordered for the premature release of the 6 convicts who were involved in the assassination of Rajiv Gandhi named Nalini Sriharan, P Ravichandran, Jayakumar, Robert Payas, Santhan and Murugan who were serving life sentence in the case.
The Supreme Court on Friday had ordered premature release of all six persons, who were convicted and sentenced to life imprisonment for their role in the assassination of former Prime Minister Rajiv Gandhi.
The Bench of Justice B.R. Gavai and Justice B.V. Nagarathna ordered premature release of Nalini Sriharan, R.P. Ravichandran, Jayakumar, Robert Payas, Santhan and Murugan on the grounds that their conduct inside the prison had been satisfactory and that they had been languishing in jail for a very long time.
The Apex Court observed that the order passed in the case of another convict in the case, A.G. Perarivalan, would be applicable to them as well.
The top court of the country noted that Nalini, who had a PG diploma in Computer Application, had remained in jail for over three decades and her conduct had been satisfactory.
For Ravichandran, the Apex Court observed that he had undertaken various studies during his time in jail, including a PG diploma in Arts. The convict even collected various amounts for charity, noted the Court.
It said the conduct of Robert Pais had also been satisfactory and he was suffering from various illness. Pais has obtained various degrees during this period, noted the Court.
In case of Jaikumar, the top court of the country observed that his conduct was found satisfactory and he also has taken various studies.
Suthenthira Raja was also suffering from various ailments. He has written various articles, which have not only been published, but have also received awards, the Court further observed and directed for their release, unless they were wanted in any other case.
On May 18 this year, the Supreme Court had evoked its extraordinary powers under Article 142 of the Constitution to release Perarivalan based on a recommendation given by the Tamil Nadu government in September, 2018.
Following the development, Nalini and Ravichandran approached the Madras High Court in June, seeking the same relief.