The Supreme Court has refused to review its decision to commute the death sentence of three killers of former Prime Minister Rajiv Gandhi and dismissed the Centre’s review petition.
Upholding its February 18 order by which the court commuted the death sentence of the three Rajiv killers — Sriharan, alias Murugan, Arivu and Santhan — to life imprisonment, the bench of Chief Justice P Sathasivam, Justices Ranjan Gogoi and SK Singh dismissed the review petition filed by the Centre. It said, “We find no merit in the review petition,” in an order released by the court.
The Centre had desired an open court hearing of
the petition. Deciding the petition in chambers, the bench held, “We have carefully gone through the review petition and the connected papers. We find no merit in the review petition and the same is accordingly dismissed.”
In its review petition, the Centre accused the court of encroaching into executive’s domain without appreciating the merits of the case.
The court had relied on the principle laid down by its January 21 ruling by which delay to decide on mercy petition was treated as a valid consideration for commuting of punishment for death row convicts.
In addition, the Centre argued that the matter had to be heard by a Constitution Bench as it involved substantial interpretation of provisions of Constitution. The February 18 order was passed by a three-judge bench.
“It is submitted that in the present case, the issue raised as that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 in favour of the convicts,” the petition said. In these circumstances, the Centre demanded a hearing by a five-judge bench.
There was an 11-year delay by President to decide on the mercy petition of the three killers which was held to be “inordinate” and “unreasonable” by court. The court ordered them to remain in jail for their remaining life subject to grant of remission. A day after the court decision, the Tamil Nadu Government ordered their remission but the same was put on hold after the Centre raised objection and dragged the State to justify its action before the Supreme Court. The matter is still pending consideration by the apex court.