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Polity & Governance
Mahesh

16/11/22 06:04 AM IST

The Rajiv Gandhi assassination case

In News 
  • The Supreme Court recently ordered the premature release of all six remaining convicts – including Nalini Sriharan – who were serving life sentences in the Rajiv Gandhi assassination case.
Background 
  • Former Prime Minister Rajiv Gandhi was assassinated by a suicide bomber in Sriperumbudur, Tamil Nadu, on the night of May 21, 1991, killing 18 people.
  • In the case, the TADA or Terrorist and Disruptive Activities (Prevention) Act trial court initially convicted 26 people to death.
  • In 1999, a few years after the TADA Act was repealed, the SC upheld the conviction of only 7 (convicting 4 of them to death and the other 3 to life imprisonment), releasing the rest.
  • By 2014, the SC commuted the death sentences of all 4 to life imprisonment
  • The Tamil Nadu government had recommended the release of all convicts. However, the Governor had not acted upon this recommendation.
  • The convicts had spent more than three decades in prison, where their conduct was satisfactory.
  • Invoking its extraordinary power under Article 142 of the Indian Constitution, the recent SC order noted that none of the 6 convicts was a part of the nucleus of the assassination team.
Terrorism 
  • According to the TADA, terrorism involves all or any one of the 4 acts –
    • Overawing/threatening Government;
    • Striking terror in the people;
    • Alienating a section of the people;
    • Adversely affecting social harmony.
  • As per TADA, killing a person bound by oath under the Constitution to uphold the sovereignty and integrity of India or any public servant was deemed a disruptive activity.
Grounds for release 
  • The SC said that for an act to qualify under the definition of terrorism, its “intent” is critical.
  • It is difficult for the court to conclude that the conspirators intended to overawe/endanger the Government of India or to strike terror in people or any section thereof.
  • There is no evidence that any one of the conspirators ever desired the death of any Indian other than Rajiv Gandhi.
  • Unfortunately, Rajiv Gandhi was not then a person bound by oath under the Constitution to uphold the sovereignty and integrity of India, as the Lok Sabha had been dissolved months before the incident.
Source- Indian Express 

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