The Supreme Court on Monday issued notices to the Central and Tamil Nadu governments, and sought their replies, on hearing the pleas of Nalini Sriharan and P Ravichandran, convicts who are serving life imprisonment in connection with the assassination of former Prime Minister Rajiv Gandhi, and seeking release from the prison-like fellow convict AG Perarivalan.
A bench of the Supreme Court, headed by Justice BR Gavai and also comprising Justice BV Nagarathna sought response from both the governments, Centre and Tamil Nadu on the pleas and posted the matter for further hearing on October 14.
“Notice to Centre and Tamil Nadu governments (they have to file their replies). Liberty granted to serving standing counsel of Tamil Nadu and Union of India (UOI), Additional Solicitor General (ASG) KM Nataraj, since he had appeared earlier in a similar matter,” the bench said in its order.
Nalini and Ravichandran had approached the Supreme Court on the ground that the Supreme Court in its earlier judgment had ordered and released another co-convict, AG Perarivalan from jail. Thereby on grounds of parity, they both, Nalini and Ravichandran be released.
Earlier, both had knocked the Madras High Court seeking the same relief, however, the High Court had refused to entertain the petition. Thereby forcing them to approach the Supreme Court for relief.
The Madras High Court while turning down the petition had stated that it did not have special powers that the Supreme Court has under Article 142 of the Constitution and hence, it cannot order their release, as the Supreme Court did for Perarivalan in May 2022.
The Madras High Court had in its order said that they could approach the Supreme Court if their plea was based on Perarivalan’s release.
Ravichandran, who has been in jail for 30 years now, sought interim bail until his case for formal release reaches a conclusion.
On May 18, the Supreme Court had evoked its extraordinary powers under Article 142 of the Constitution of India to release AG Perarivalan, who was one of the seven convicts in the assassination case.
The Supreme Court ordered release of Perarivalan, after keeping in view the recommendation made by the Tamil Nadu government in September 2018, for opening the doors of his release.
The former Prime Minister, 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.
