Central government files review petition before Supreme Court against release of Rajiv Gandhi assassination convicts

The Central government on Thursday filed a review petition before the Supreme Court challenging the top court's November 11 order releasing six convicts in the Rajiv Gandhi assassination case. .The review petition filed through advocate Arvind Kumar Sharma 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." ... absence of any assistance by the Union of India, due to procedural lapse of convicts/petitioners, while the present matter was being finally heard and decided has prevented this Hon’ble Court from appreciating the crucial and important evidence in the matter ... has resulted into patent and manifest errors apparent on the face of record creeping into the final judgment ... has resulted into admitted and glaring breach of principles of natural justice and has, in fact, resulted into miscarriage of justice," the plea said..The Supreme Court had ordered the premature release from prison of six Rajiv Gandhi assassination convicts Nalini Sriharan, P Ravichandran, Jayakumar, Robert Payas, Santhan and Murugan who were serving life sentence in the case.A bench of Justices BR Gavai and BV Nagarathna had passed the order after noting that the convicts displayed good conduct in the prison and had been behind bars for a very long period.Initially, two convicts, Nalini and Ravichandran approached the Court placing reliance on a recent order passed by the top court releasing another convict in the case - AG Perarivalan.In May this year, the apex 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.Subsequently, Nalini and Ravichandran approached Madras High Court in June seeking the same relief. However, the High Court refused to entertain the same, stating that it did not have the same powers as the Supreme Court under article 142 of the Indian Constitution and had asked the petitioners to move the Supreme Court.Nalini and Ravichandran then moved the top court. Later, the remaining four convicts also filed similar pleas before the top court.All of them were heard together before the Court passed its order directing their release. .The Central government, in its review petition, contended that facts in the Perarivalan case are not applicable to the other convicts. The plea said that certain 'shocking' facts and circumstances of the case could not be placed before the top court. Further, four of the six released are Sri Lankan nationals (unlike Perarivalan) and the matter, thus, has international ramifications. "Granting remission to terrorist of foreign nation, who had been duly convicted in accordance with the law of land for gruesome offence of assassinating the former Prime Minister of the Country, is a matter which has international ramification and therefore falls squarely within the sovereign powers of the Union of India."Since the matter concerns assassination of a former Prime Minster, impleading and hearing the Union government was paramount, the government said.The case has great repercussions on public order, peace, tranquility and the criminal justice system in India, the Centre underscored. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.