Rajiv Gandhi assassins' death commuted to lifer after 15 years [Read Judgment]

Noose loosened
Noose loosened

A Supreme Court bench headed by Chief Justice of India (CJI) P Sathasivam today commuted the punishment for Rajiv Gandhi assassins Murugan, Santhan and Arivu from death penalty to life imprisonment on ground of “inordinate delay”, 15 years after the first ever mercy petitions were filed in the case.

Senior advocates Ram Jethmalani and Yug Mohit Chaudhary had argued before the bench comprised of the CJI, and justices Ranjan Gogoi and Shiva Kirti Singh that inordinate delay of more than 11 years in disposal of their mercy petitions was a violation of Article 21 (right to life and personal liberty) of the Constitution and various International Conventions and Universal Declarations to which India is a signatory.

Attorney General Goolam Vahanvati and Additional Solicitor General Sidharth Luthra had argued for the Union of India that the petitioners had not demonstrated that they had suffered because of the delay.

The bench ruled:

“Exorbitant delay in disposal of mercy petition renders the process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable. Furthermore, such imprisonment, occasioned by inordinate delay in disposal of mercy petitions, is beyond the sentence accorded by the court and to that extent is extra-legal and excessive

Regardless and independent of the suffering it causes, delay makes the process of execution of death sentence unfair, unreasonable, arbitrary and capricious and thereby, violates procedural due process guaranteed under Article 21 of the Constitution and the dehumanizing effect is presumed in such cases, added the bench.

Thus, the argument that the petitioners are under a legal obligation to produce evidence of their sufferings and harm caused to them on account of prolonged delay is unknown to law and will be misinterpretation of Shatrughan Chauhan. There is no requirement in Indian law as well as in international judgments for a death-row convict to prove actual harm occasioned by the delay. There is no obligation on the convict to demonstrate specific ill effects of suffering and agony on his mind and body as a prerequisite for commutation of sentence of death.”

Read full judgement

Picture by Relpa1

Comments

Guest 18 Feb 2014, 15:20
+1 -0
With due respect and regard to the honourable Supreme Court, this is ridiculous!! I care two hoots for the congress, but these people assasinated a top leader of the country. Let them suffer if they are in fact suffering...
meena and friends 18 Feb 2014, 21:19
+2 -1
Shame on us Indians. Shame on our legal system and the courts of law that they would choose to bring to naught a punishment imposed on cold-blooded murderers who had brutally and unfeelingly butchered a former prime minister of this nation. Is our government and the legal system so weak that such criminals go scot free or escape punishment. Do those who commit such murders require more sympathy than the victims themselves. The Rajiv Gandhi assassination was one which shocked or wounded the conscience of this nation not because of the political or emotional angle in it, but for the simple reason that the head of our nation had been done away with by cold blooded terrorists in pure wanton. The security of our nation had been compromised at the hands of these terrorists and here is our apex court saying that these terrorists need to be pardoned as there was delay in carrying out their sentences. If those assassins who cold bloodedly murdered the prime minister of this nation with gay abandon are allowed such luxuries, how safe will the citizens of this country be. We hang our heads in shame to realise that this nation is entirely powerless to catch even those assassins who blew up our prime minister with such gay abandon. One can very well imagine as to what is going to happen now. Those politicians or persons supporting these assassins in Tamil Nadu will now try to get them out of jail. What a shame for this nation. One also shudders to think of the aftershocks that this judgement is going to cause in India especially in Tamil Nadu. Since time immemorial, the people of Tamil Nadu have been well known for their sincere and affectionate ways and their strong sense of patriotism. Tamil Nadu can be proud that many of India's great freedom fighters are sons or daughters of their soil. But after the problems in Sri Lanka and the infiltration of tamils from there to Tamil Nadu years back , things have changed for the worse, and at least for some, patriotism has taken a back seat. Political leaders in Tamil Nadu have been making all sorts of statements on this issue, sometimes with an eye on the vote-bank. This has already created a dangerous situation in Tamil Nadu. The release of these assassins will give an impetus to this separatist movement or trend. And it is highly likely that things may worsen to such an extent that the very security of our nation may be at stake. When one noticed that a strict and upright judge like Justice P. Sathasivam who also happens to be from Tamil Nadu (and hence knows the situation there better than others) was heading the bench rendering the judgement, one expected a more wiser and strict judgement. But with all respect may we say, we are disappointed with the judgement. It is a judgement which has wounded the soul of this nation. Lame excuses like inordinate delay cannot be used by these assassins to cover up the seriousness of their crime. Especially since, the inordinate delay in this matter has been precipitated to a large extent, by the delaying tactics of the assassins themselves and their relatives and the political parties who have been fighting tooth and nail to enable these assassins go scot free. In situations such as these, one realises how helpless and weak law and legal systems in this country are in apprehending hard-core criminals or providing deterrent punishment and thus assuring the safety and security of the citizens of this nation. The message that will now go out loud and clear to all future terrorists or assassins is that here is a nation which is easy prey to their attacks as the law itself will help them from escaping punishment. We hope in all humility that the apex court will reconsider it's decision bearing in mind all these aspects.
Guest 19 Feb 2014, 07:50
+3 -1
Its a publicity stunt by Congress to gain sympathy of the people due to elections.
Qualifications 19 Feb 2014, 09:26
+1 -1
This is ridiculous - assassins on the streets.
Ghonshu Patel 19 Feb 2014, 15:59
+1 -1
Good decision. I likes.