Rajiv killers' release will send wrong signals: KV Dhananjay, SC advocate
Bengaluru: The Tamil Nadu government has again sought the Centre's view on the release of seven convicts in the Rajiv Gandhi assassination case. City’ legal experts term it as a peculiar case, as it involves the assassination of a former Prime Minister. They, however, feel that law is all the same for every citizen of the country.
K.V. Dhananjay, Advocate, Supreme Court, said, “Releasing convicts in Rajiv Gandhi’s assassination would devastate national interest. The Tamil Nadu Government is eager to release the convicts and seeking Central Government’s speedy consent. The power to pardon a convict is an important power exercised by the Governments of the democratic world.”
“Firstly, Courts convict an accused on the basis of evidence, not on the basis of public opinion. And, occasionally, courts make mistakes like every other human institution. Still, the power of the Government to pardon a convict is not exercised simply because a Court has committed a mistake.”
“The assassins had a motive – to avenge the extreme torture and suffering inflicted on the Tamil speakers in Sri Lanka. So, a large number of Tamil speaking population hated Mr Gandhi and they now want to see the convicts released soon. And, politicians in Tamil Nadu are expectedly, united on this demand,” he said.
“The problem here is that if the Central Government agrees to this demand, it sends a signal across India that terrorism is acceptable if only it would be backed by the emotion and grief of a large population of a State.”
“India cannot afford to send such a signal – for existential and survival reasons. Courts may not be able to intervene here if the Central Government wishes to self-destruct and therefore, we all need to make sure that the Central Government would strongly reject Tamil Nadu’s request,” he said. Another noted Advocate, Shankarappa Venkatarayappa, observes that this issue can not be sorted out at government levels and only the intervention of Supreme Court and its order is final.
“Debates are on from decades in the international level on the quantum of punishment to be awarded to any accused. In Indian context, life imprisonment means a convict who has been awarded life imprisonment has to be in prison till he breathes his last.” “However, it is the prerogative of the state government to release a lifer, who has served 14 years in prison based on various parameters,” he said.
