NEW DELHI, Feb 20: The Supreme Court on Thursday restrained the Tamil Nadu government from releasing seven prisoners, convicted in the assassination of former Prime Minister Rajiv Gandhi and directed it to maintain status quo.
In a statement, the apex court said - ’There have been procedural lapses by the Tamil Nadu government in its decision to release convicts in Rajiv Gandhi assassination case. Appropriate govt can remit the sentence but it must follow procedure.’
The government on Thursday had moved the Supreme Court against the Tamil Nadu government decision to free seven people convicted in the assassination of former Prime Minister Rajiv Gandhi.
On Wednesday, Tamil Nadu Chief Minister Jayalalithaa announced that those convicted in the case would be freed.
Announcing the government’s decision in the assembly, Jayalalithaa said the government would release V Sriharan alias Murugan, AG Perarivalan alias Arivu, T. Suthendraraja alias Santhan, Nalini, Robert Payas, Jayakumar and Ravichandran.
Congress vice president Rahul Gandhi Wednesday criticised the decision saying, ’If someone who kills a prime minister is released, how will the common man get justice.’
"The prime minister gave up his life... (but the) prime minister does not get justice," he said.
Many Congress leaders backed Rahul Gandhi’s remarks.
Finance Minister P. Chidambaram said he was neither happy nor unhappy over the decision.
Home Minister Sushilkumar Shinde said he won’t comment until he got a letter from the Tamil Nadu government.
BJP leader Ravi Shankar Prasad also expressed disagreement with the Tamil Nadu government.
"The larger issue of the seriousness of the crime, namely the assassination of a prime minister of India, is being ignored," he said.
Rahul Gandhi said while he was against death penalty per se, this issue concerned the country.
"My father will not come back but it is a national matter, not one of my family or my father."
Minister of State for Home R.P.N. Singh described the decision as "extremely unfortunate."
Parliamentary Affairs Minister Kamal Nath said that he fully agreed with Rahul Gandhi’s views.
Congress general secretary Ajay Maken termed the decision to free the seven as politically motivated and irresponsible.
"We believe that those who assassinated our former prime minister Rajiv Gandhi should not be given any relief."
The Supreme Court had earlier commuted the death sentence to Murugan, Perarivalan, and Santhan citing the inordinate delay in deciding their mercy petitions.
She said the state government’s decision will be sent to the centre. If it does not respond within three days, the state government would release all the seven convicts.
Gandhi was killed in May 1991. The conspirators were convicted by a TADA court in January 1998 and were awarded death sentence, which was confirmed by the apex court May 11, 1999.