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The Supreme Court asked the Tamil Nadu Government to consider the mercy petition of A G Perarivalan, who was convicted in the 1991 Rajiv Gandhi assassination case. The bench rejected the petition filed by the TN government regarding the release of the convicts. The Centre, however told the Apex Court that it disagrees with the TN government, in respect of release of convicts, since it would set a dangerous precedent.Perarivalan was accused of supplying a 9-volt battery which was used for the belt bomb which killed Gandhi and 14 other people. He filed a mercy petition before the TN governor under Article 161 of the Constitution but no decision has been formed since two years. He said that he has suffered for more than 24 years in single confinement and further added that according to the jail rules, life imprisonment cannot exceed 20 years.
Rajiv Gandhi was assassinated in Tamil Nadu by a suicide bomber, Dhanu. She was also killed during the incident. This incident is considered as the first one in which a high-profile global leader was killed due to suicide bombings.
It had been alleged by Perarivalan that the investigation into the vital matters was not complete and the main culprits who designed the RDX have not been arrested yet. He further added that there is no justification for keeping him behind bars even after the accused has undergone the period of maximum punishment, while the real conspirators of the incident have still not been punished due to the pending investigation. The seven convicts have been in jail since 25 years.
The Centre contended that the case involved the assassination of former prime minister in a brutal manner which seems to be executed by foreign terrorist organization.
The Apex Court thus asked the Centre to take a decision within 3 months, regarding the release of the convicts. The investigation was transferred to CBI on the request of Tamil Nadu Government. According to the investigation, the TADA court sentenced 26 of the accused to death. The Court upheld the death sentence of four and commuted the death sentence of three to life and it freed the remaining 19 accused. On the basis of the State Government’s recommendation and on the appeal filed by Sonia Gandhi, the Tamil Nadu governor commuted the death sentence of Nalini.Due to the delay in deciding the mercy plea, the Court commuted the death sentence of three convicts.
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