HC stays execution of three Rajiv assassination case convicts

Chennai, Aug 30 (PTI) Ten days before their hanging, three
Rajiv Gandhi killers on Tuesday got a reprieve from the Madras
High Court which stayed their execution for eight weeks even
as the Tamil Nadu assembly in an unprecedented unanimous
resolution appealed to the President to reconsider their mercy
pleas.
Stopping the execution set for September 9, a Bench
comprising justices C Nagappan and M Sathayanarayanan issued
notices to the Centre, the state government and the police,
observing that there had been a delay of over 11 years in the
disposal of their petitions seeking Presidential clemency.
Murugan, Santhan and Perarivalan, lodged in Vellore Jail,
were convicted and sentenced to death in the case relating to
the assassination of Rajiv Gandhi during an election rally at
Sriperumpudur on May 21, 1991 by an LTTE suicide bomber.
"The High Court is doing justice. Be sure. They have
stayed the execution," Ram Jethmalani, who pleaded their case,
told reporters after the court's interim order.
Jethmalani, Colin Gonsalves and R Vaigai, appearing for
the three convicts, contended the "inordinate and
inexplainable delay" in disposing of their mercy petitions
violated Article 21 of the Constitution (Protection of life
and personal liberty).
Shortly before the High Court order came, the assembly
unanimously adopted the resolution moved by Jayalalithaa
requesting President Pratibha Patil to reconsider the mercy
petitions rejected early this month.
Jayalalithaa's move came a day after she made it clear
that she has no powers to grant them pardon. DMK and some
other parties have been vigorously campaigning for getting
reprieve for the three. Jayalalithaa said the people of the state were "saddened"
by the fact that the death sentence was to be executed soon.
"Many political parties have appealed to me to commute
death sentences and in order to respect the sentiments of the
people of the state, I appeal to the members of the house to
pass the resolution unanimously," she said.
MDMK leader Vaiko, who has been strongly pleading for the
release of the three, welcomed the court order.
Murugan's daughter Harithra, studying in London, said,
"It (reprieve) means a lot to me. I have applied for a visa
and expecting it in 15 days to travel to India."
In Delhi, Law Minister Salman Khurshid said the assembly
resolution was not binding on anybody.
"The state government resolution is not binding on
anyone. The state government passes a resolution... I am sure
that at the level at which it must be taken seriously and
considered it will be taken," Khurshid told reporters outside
Parliament House in reply to a question.
Several political leaders and pro-Tamil activists have
said that the men have now served more than 20 years in
prison, and do not deserve the death sentence.
The three convicts were sentenced to death in 1999, along
with Nalini, who is married to Murugan. After Nalini gave
birth to a baby girl in jail, her death sentence was commuted
to life following a request made by Sonia Gandhi