On Nalini, the court took into account that she was a woman. New Delhi, Nov 11: The Supreme Court on Friday directed the premature release of six convicts, including Nalini Sriharan and R P Ravichandran, serving life term in the assassination case of former Prime Minister Rajiv Gandhi, noting that the Tamil Nadu government has recommended remission of their sentence. Invoking its extraordinary power under Article 142 of the Constitution, the top court had on May 18 ordered the release of Perarivalan, who had served over 30 years in jail, and said the Tamil Nadu governor ought not to have sent the binding advice made by the state cabinet for his release to the president. 1 or 16? A bench of Justices B R Gavai and B V Nagarathna ordered that the appellants are directed to be set at liberty if not required in any other matter. An inquiry started against the Rajiv Gandhi Foundation in July 2020 when the MHA constituted an inter-ministerial committee headed by an Enforcement Directorate (ED) officer to investigate three Gandhi family foundations-- Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust (RGCT) and Indira Gandhi Memorial Trust-- for possible violations of the money laundering act, Income Tax act and FCRA. Nalini, the records show, provided cover to Dhanu and Subha when Rajiv arrived at the scene. Nalinis death sentence was commuted to life imprisonment in 2001 on the consideration that she has a daughter. Has been doing so for six years now, Elderly Sikh mans reaction to his wife dressed as a bride wins hearts online. Madhur Bhandarkars India Lockdown set for a world premiere at IFFI 2022, Copyright 2022 The Indian Express [P] Ltd. All Rights Reserved, Supreme Court releases all 6 convicts in Rajiv Gandhi assassination case, Make sense of the news with our daily explainers on a range of topics. It further said that the law relating to the power of the governor under Article 161 of the Constitution and the power of the state government in dealing with the offences (302 of IPC) falls within the exclusive domain of the state government is also well settled. However, in 2014, it commuted the death sentence of Perarivalan to life imprisonment along with those of Santhan and Murugan on grounds of delay in deciding their mercy petitions. We direct that all the appellants are deemed to have served their sentence. It is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue, Congress general secretary in-charge communications Jairam Ramesh said in a statement. Bookmark the stories you want to read later, Pick a topic of your interest and subscribe. On September 26, the top court had sought replies from the Centre and the Tamil Nadu government on a plea filed by Nalini Sriharan and Ravichandran seeking premature release. It had underlined that while both the state and Centre had the power to make laws, the Union Governments power will take precedence only if executive power had been expressly conferred on the Union under the Constitution or the law made by the Parliament, failing which the executive power of the State remained intact. view detail, Personalise your news feed. 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Following investigations in the case, a designated court dealing with cases under the Terrorists and Disruptive Activities (Prevention) Act, 1987, convicted 26 persons in connection with the assassination and sentenced them to death in 1998. The Supreme Court on Friday set free the remaining six convicts in the Rajiv Gandhi assassination case, extending to them the benefit of its order releasing their co-convict A G Perarivalan. Yashoda actress Samantha Ruth Prabhus Tomato Gazpacho Smoothie is so healthy! Reminds netizens of SpongeBob character. Now, the other six convicts, who were serving life terms, will also be set free. Besides Nalini and However, it confirmed the death sentence of Nalini, Santhan, Murugan and Perarivalan and altered the death sentence of Payas, Jayakumar and Ravichandran to life imprisonment. On May 18, the Supreme Court evoked its extraordinary powers under Article 142 of the Constitution to release AG Perarivalan, who was one of the seven convicts in the assassination case. Sanjay Gandhi to Phoolan Devi to Parliament attack how Delhis RML Hospital has witnessed history since 1932 Established as a 54-bedded hospital in 1932, RML was developed by the British Government and was formerly known as Willingdon Hospital, named after Lord Willingdon, who served as the 22nd Viceroy and Governor It referred to the constitution bench verdict of the top court in the Maru Ram versus Union of India (1981 verdict) in which the position with respect to Article 161 of the constitution was authoritatively summed up and said that the action of commutation and release can be pursuant to a governmental decision. 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A look at who the convicts are, and how the Supreme Court ordered their release. Former Congress President Sonia Gandhi is the chairperson of the Rajiv Gandhi Foundation. The Rajiv Gandhi Foundation allegedly violated the foreign funding law as per government sources. The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards. Following the assassination during a poll rally on the night of May 21, 1991, the investigation in the case led to the Sri Lankan Tamil separatist outfit LTTE. The Congress Party criticises it clearly and finds it wholly untenable. Australia in India, 3 T20I Series, 2022 - 3rd T20I. DNA: Why heart attacks have become so common? Follow trending topics. Old video goes viral, Worlds longest nose belonged to an English circus performer who lived in 18th century. My statement on the decision of the Supreme Court to free the remaining killers of former PM Shri. It said that the recommendation of the state government remitting the life sentence of the petitioner was sent to governor of Tamil Nadu for approval on September 11, 2018 and the same was kept pending with his office for more than two and half years and the recommendation was finally forwarded by the governor to the President on January 27, 2021 and it still remain undecided for the past one year and nine months. The apex court had said the advice of the state cabinet is binding on the governor in matters related to commutation/remission of sentences under Article 161 of the Constitution. Nalini has been incarcerated in special prison for women, Vellor for the past 30 years 04 months while Ravichandran is lodged in Madurai, Central Prison and has undergone 29 years of actual imprisonment and 37 years of imprisonment including remission. The convicts, Nalini Sriharan and RP Ravichandran, who have spent 30 and 37 years (including remission) respectively in jail, are serving life imprisonment in connection with the assassination of former Prime Minister Rajiv Gandhi. A 19-year-old youth died in the Wednesdays Gandhi Nagar textile market fire in Delhi after he got trapped inside the shop, said officials Thursday. But the High Court dismissed their petitions, saying the Supreme Court had ordered their release in exercise of its power under Article 142 which was not vested with High Courts. They took houses on rent in Porur and Kodungaiyur in Chennai to provide safe houses for the co-conspirators including Sivarasan. On May 18, the apex court had ordered the release of Perarivalan, exercising its powers under Article 142 of the Constitution. In two separate affidavits, the Tamil Nadu government told the top court that in the cabinet meeting held on September 9, 2018, it had considered mercy petitions of seven convicts in the Rajiv Gandhi assassination case and resolved to recommend the governor for remission of their life sentences invoking the power granted under Article 161 New Delhi: The Tamil Nadu government on Thursday in the Supreme Court recommended the pre-mature release of Nalini Sriharan and RP Ravichandran, convicts who are serving life imprisonment in connection with the assassination of former Prime Minister Rajiv Gandhi. They are - Nalini The bench noted that the six had spent over three decades in jail in the case and said that their conduct was satisfactory in this period during which they had pursued studies as well. New Delhi: The Supreme Court on Friday ordered the release of six accused in connection with the assassination of former Prime Minister Rajiv Gandhi. The charred body of the youngster was found by a team of Delhi Fire Services (DFS) on the second floor of a four-storey shop during an inspection of the site Thursday. Ravi arrived in India with Sivarasan in December 1990. 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Horoscope Today, 10 November, 2022; LATEST STORIES. Ahead of the Himachal Pradesh assembly polls 2022 Priyanka Gandhi promised old pension scheme for employees and 1 lakh jobs to youth in the first cabinet. The state government said that it is the competent authority to take a decision on the petition filed by Nalini and Ravichandran under Article 161 of the Constitution and "the decision of the state cabinet dated September 9, 2018, thereon is final and it can be exercised by Governor of Tamil Nadu as per the aid and advice of the cabinet". The state government said, the law is well settled in the catena of apex court judgments that the governor of a state is bound by the aid and advice given by the council of ministers of a state under Article 161 of the Constitution.. Hearing pleas by the six convicts, a bench of Justices B R Gavai and B V Nagarathna noted that the death sentence of the applicants had been commuted to life terms earlier on account of delays. 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. For reprint rights: Times Syndication Service, Rajiv Gandhi assassination case: 31 years after killing, freedom, Sargun Mehta and Ravi Dubey Twinned in black. The law relating to the power of the Governor under Article 161 of the Constitution and the power of the state government in dealing with the offences (302 of IPC) falls within the exclusive domain of the state government and is also well settled, said Tamil Nadu. That the said recommendation in respect of seven life convict petitioners were sent to the then governor of Tamil Nadu individually for approval on September 11 and the same were pending with his office since then, it said. The Supreme Court's decision to free the remaining killers of former PM Rajiv Gandhi is unacceptable and completely erroneous. The committee comprised officers from the MHA, Ministry of Finance as well as the Central Bureau of Investigation (CBI), and was mandated to investigate if the trusts, run by the Gandhi family and other Congress leaders, manipulated any documents while filing income tax or misused and laundered money received from foreign countries. Congress leader Priyanka Gandhi Vadra launched the party's election campaign in Himachal Pradesh on Friday with a rally in Solan district of the state. Former Prime Minister Rajiv Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber at a poll rally. Rajiv Gandhi was assassinated by an LTTE suicide bomber named Dhanu during an election rally in Tamil Nadu's Sriperumbudu. DNA: Lizard in the name of brinjal in mid day meal! The foundation decided to focus on education in 2010, the website mentioned. Question that AI makes us ask is human creativity over-hyped? The development assumes significance as both the organisations are headed by former Congress president Sonia Gandhi and have top leaders of the Congress, including Rahul Gandhi, as members.The RGF even has former prime minister Manmohan Singh and former finance minister P Chidambaram as members.. On June 25, 2020, the Following Perarivalans release, Nalini and Ravichandran approached the Madras High Court, seeking release without waiting for the Governors approval. Rajiv Gandhi assassination case. Nalini and Murugan then accompanied Sivarasan and Subha to Tirupathi in Andhra Pradesh. Those who have been allowed premature release are Nalini Sriharan, T Suthendraraja alias Santhan, V Sriharan alias Murugan, Robert Payas, Jayakumar and Ravichandran alias Ravi. The High Court had said they could approach the Supreme Court if their plea were based on Perarivalan`s release. The Tamil Nadu government on Thursday favoured in the Supreme Court the pre-mature release of Rajiv Gandhi assassination case convicts Nalini Sriharan and R P Ravichandran, saying its 2018 aid and advice for remission of their life sentence is binding upon the governor. 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. The state government said that it is the competent authority to take decision on the petition filed by Nalini and Ravichandran under Article 161 of the Constitution and the decision of the state cabinet dated September 9, 2018 thereon is final and it can be exercised by governor of Tamil Nadu as per the aid and advice of the cabinet. Ravichandran, who has been in jail for 30 years now, sought interim bail until his case for formal release reached a conclusion. The court had also refused to accept the Centres argument that as laid down by the Supreme Court in a 2014 decision (Union of India vs Sriharan), the appropriate government to decide on remission of sentence in matters to which the executive power of the Union extends is the Union Government. After the blast killed Dhanu and Haribabu, Nalini, Sivarasan and Subha fled the scene. Nalini also caused the disappearance of evidence, the records show. The recommendation of the state government remitting the life sentence of the petitioner was sent to the Governor of Tamil Nadu for approval on September 11, 2018, and the same was kept pending with his office for more than two and half years and the recommendation was finally forwarded by the Governor to the President on January 27, 2021, and it still remains undecided for the past one year and nine months, it said. Another convict AG Perarivalan was released in May this year, two months after he was granted bail by the top court. In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santhan and Nalini. Nalini and Ravichandran have approached the apex court seeking release from the prison-like fellow convict AG Perarivalan. Those who have been allowed premature release are Nalini Sriharan, Santhan alias Raviraj, Murugan, Robert Payas, Jayakumar and Ravichandran alias Ravi. 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Action against Rajiv Gandhi Foundation to divert public attention from main issues: Congress Himachal Pradesh polls: Congress banks on anti-incumbency, Virbhadra's legacy The V This is incorrect, the bench had said. 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The Congress on Friday described the Supreme Court's decision to free the killers of former prime minister Rajiv Gandhi as totally unacceptable, and completely erroneous. 1998-2022 INDIADOTCOM DIGITAL PRIVATE LIMITED, All rights reserved. A bench of Justices BR Gavai and BV Nagarathna said the judgment of the court in the case of AG Perarivalan, one of the convicts in the case, is equally applicable in their matter. In February 2021, the Centre told the Supreme Court that the Governor had considered all the facts on record and that after perusal of the relevant documents, recorded that the Honble President of India is the appropriate competent authority to deal with therequest for remittance. It was mandated to investigate if these trusts run by the Gandhi family and other Congress leaders manipulated any documents while filing income tax or misused and laundered money received from foreign countries. It said, "The said recommendation in respect of seven life convict petitioners was sent to the then governor of Tamil Nadu individually for approval on September 11 and the same was pending with his office since then.". Hours after the SC's decision, Congress MP from Tamil Nadu Manickam Tagore took a jibe at Prime According to the prosecutions case, as recorded in court documents, Nalini had taken the suicide bomber Dhanu to a shop for stitching the salwar kameez that was used for concealing the IED for the assassination. All the appellants are deemed to have served their sentence you want to read later, Pick a of. With Sivarasan in December 1990 May this year, two months after he was granted bail by the court. 2022 ; LATEST stories, Pick a topic of your interest and subscribe based on `. Direct that all the appellants are deemed to have served their sentence six convicts who. 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