LIVE: SC restrains TN from freeing Rajiv Gandhi killers

1:40 pm: Nalini’s lawyer says state govt can still free his client Lawyer for one of the convicts, Nalini, said that it was still upto the Tamil Nadu state government to decide if it wanted to release the convicts in the case. Speaking to CNN-IBN, S Doraisamy said that under the provisions of the CrPC the state doesn’t need to consent but only needs to consult with the central government before it releases the convicts. What the Tamil Nadu government is correct, he said. “It is purely a humanitarian decision and isn’t political at all. They have been in prison, in isolated confinement for 24 years,” he said. He said he wouldn’t petitioning the Supreme Court verdict and said it was up to the state government to question the Supreme Court’s decision today. 1.08 pm: Restraining order only for three convicts who had death sentences commuted?  Does the SC restraining order only cover the three men whose death penalties were commuted to life sentences? Technically, yes. However solicitor general Ashok Bahn who represented the centre, said that he did not believe that the Tamil Nadu government would release the four other convicts unless they could release all seven men. Speaking to CNN-IBN he said, “The centre’s plea was that the Tamil Nadu government has not followed procedure in accordance with CrPC and that it exceeded executive power in recommending remission. It was hurriedly processed without addressing due process of law, for political reasons.” He said, “The procedure has been disputed , the state government cannot do it without concurrence as per section 435 of CrPC (that states a government must not release convicts unless an order for the remission of the central government is also made.)” 12.55 pm: SC restrains TN from freeing Rajiv Gandhi killers The Supreme Court has issued an order, restraining the Tamil Nadu government from freeing the seven men convicted of assassinated Rajiv Gandhi. It reportedly said that the Tamil Nadu government would have to maintain ‘status quo’ on the convicts till further orders. CNN-IBN reported that the centre had argued that the power to remit the three people whose sentences were death sentences were commuted to life sentences rested with the centre and not the state government. It had also argued that the state government had not followed procedure in making its decision to release them. Notices have been sent to the Tamil Nadu government, the IG and two of the men, asking them to respond to the centre within the next two weeks. The matter will be taken up for discussion again on 6 March. Reacting to the decision on CNN-IBN, Human Rights activist Vrinda Grover said that the Supreme Court decision to restrain the state government was absolutely correct, and said it was time that politicians stopped using the death penalty as a publicity tool. 12.45 pm: SC starts hearing centre’s petition against TN government The Supreme Court has begun hearing a central plea against the decision of the Tamil Nadu government to free all seven men convicted of assassinating Rajiv Gandhi. The solicitor general arguing on behalf of the government is reportedly arguing on behalf of the government and has asked how the state government has the authority to free men convicted by the CBI without even consulting with the centre. The legal arguments for the government are also based on the Prime Minister’s stand that to free them would be ’legally untenable’. 11.00 am: PM makes statement on Rajiv Gandhi killers, centre moves SC Prime Minister Manmohan Singh has made a strong statement against the Tamil Nadu government’s decision to free the seven men convicted of assassinating former Indian Prime Minister Rajiv Gandhi. [caption id=“attachment_1400171” align=“alignleft” width=“380”] Rajiv Gandhi: Getty[/caption] In his statement, the Prime Minister said that the “Release of the killers of a former PM of India, our great leader, and other innocent Indians, would be contrary to all principles of justice”. He added that the assassination of Shri Rajiv Gandhi was an attack on the soul of India. “The TN government’s proposed course of action to release the killers of Shri Rajiv Gandhi is not legally tenable and should not be proceeded with. The government is moving a review petition in the SC on fundamental issues of law arising from the assassination of the late Shri Rajiv Gandhi”, he added. 10.30 am: SC agrees to hear centre’s plea against TN decision The Supreme Court has agreed to hear the Centre’s plea against the Tamil Nadu government’s decision to release all seven men convicted in the Rajiv Gandhi assassination case. Attorney General GE Vahanvati had moved the Supreme Court asking for a stay. The plea will come up for hearing at 12.30 pm today. The Centre is expected to tell the Chief Justice of India P Sathasivam that Tamil Nadu has to take the decision in concurrence with the central government since Rajiv Gandhi’s assassination was investigated by a central agency, CBI, under a central law, the Terrorist and Disruptive Activities Act or TADA. Under the existing legal framework, the state cabinet can resolve to exercise the power of remission vested in it under Section 432 of the Criminal Procedure Code. If, however, the conviction is made following prosecution by a central agency and under a central Act, then the state government is bound to consult the Centre. (The seven are also convicted under the Arms Act and Explosive Substances Act.) Sources say the Centre may also seek a review of the Supreme Court verdict of commuting the death sentence of the killers to life imprisonment.