SC commutes death sentence of three convicts in Rajiv Gandhi assassination case

The Supreme Court on Tuesday commuted death sentence of three assassins of former prime minister Rajiv Gandhi to life imprisonment citing the 11-year delay on the part of the Centre in deciding their mercy plea, reports said.

 combo picture of Murugan, Santhan and Perarivalan, convicts in the Rajiv Gandhi assassination. (Agencies photo)

The apex court rejected Centre's contention that delay in deciding mercy plea of convicts V Sriharan alias Murugan, AG Perarivlan alias Arivu and T Suthendraraja alias Santhan did not result in agony.

"We implore the government to render advice in reasonable time to the President for taking a decision on mercy pleas," the SC said in its verdict.

"We are confident that the mercy plea can be decided much faster than what is being done now."

The three assassins had sought the commutation of their death sentence to life imprisonment on account of the inordinate delay of nearly 11 years in deciding their mercy petitions.

The verdict on their plea was reserved on Feb 4.

The central government had opposed the plea saying that apex court's Jan 21 verdict, holding inordinate, unreasonable and unexplained delay in deciding the mercy petitions by president was a ground for seeking commutation of death sentence into life imprisonment was not applicable in their case.

Attorney General GE Vahanvati had told the court that all through these 11 years, the three assassins were living a full life by holding music shows, art exhibitions and other recreational activities in the jail.

The government had said that during 11 years of their incarceration when their mercy petition was pending with the president, the three assassins suffered no agony, torture or dehumanizing situation.

Senior counsel Yug Chaudhary who had appeared for the three assassins had argued that delay, per se, was torture.

Rajiv Gandhi was killed in 1991. His assassins were convicted by a TADA court in January 1998 and were awarded death sentence, which was confirmed by the apex court May 11, 1999.

In August 2012, their mercy petitions were rejected but as the date of their execution was fixed, the Madras high court intervened and the execution of the death sentenced was stayed.

Subsequently on a plea by MDMK leader Vaiko, the matter before the Madras high court was transferred to the Supreme Court. HT