Skip to main content

Madras HC stays death penalty of Rajiv killers’, gives govt. eight weeks to respond

Murugan, Santhan and Perarivalan
Chennai, Aug.30 (ANI): The Madras High Court on Tuesday stayed the death penalty of three assassins of former prime minister Rajiv Gandhi after hearing their review petitions presented by eminent lawyer Ram Jethmalani here. The court also asked the central government to explain within two months (eight weeks) why it delayed in carrying out the death sentences for over eleven years.

The court order came days after President Pratibha Devisingh Patil had rejected the mercy petitions of Santhan, Murugan and Perarivalan, and fixed September 9 as the date of execution.

All three had earlier sought to set aside the August 12 last order of the President,rejecting their mercy pleas and commute their death sentences to life on the ground of ‘undue delay’ in disposing of their mercy petitions.

Along with Tuesday’s court order, the Tamil Nadu state assembly also passed a unanimous resolution asking President Patil to commute the death sentences on the three and grant them clemency immediately. The motion for the resolution was introduced by the Tamil Nadu Government, which is headed by AIADMK chief J.Jayalalithaa.

Earlier, Advocate N Chandrasekaran made a mention in the court of Justice N Paul Vasanthakumar this morning, seeking an early hearing of the petitions, following which the Judge agreed to hear them today.

In three separate petitions, the convicts also sought an interim injunction to stay their executions till disposal of their petitions.

They contended that their mercy pleas were with the President for 11 long years since April 26, 2000 before being rejected. They claimed ‘an unwarranted, illegal and unconstitutional delay is caused by the President and the Union of India in the disposal of the mercy petition.’

“No explanation has been offered either for the delay in forwarding of the mercy petitions by the state government to the President or the delay in disposal by both the authorities,” they contended.

They said they had sent fresh mercy petitions to the President on August 27.

The three convicts referred to the Supreme Court ruling in ‘Madhu Mehta versus Union of India case, saying the Court had held that undue delay in execution of the death sentence would entitle the condemned person to approach the court under Art 32 (right to constitutional remedy) of the Constitution.

They contended that the apex court had held ‘the court is entitled and indeed obliged to consider the question of inordinate delay in the light of all circumstances of a case to decide whether the execution of sentence should be carried out or should be altered into life imprisonment.

‘Besides the Supreme Court had held ‘speedy trial in criminal cases though may not be a fundamental right is implicit in the broad sweep and content of Article 21.”

Speedy trial is part of one’s fundamental right to life and liberty. This principle is no less important for the disposal of a mercy petition, they contended.

The mercy petitions were not placed before the council of ministers but only before the home ministry, which rejected them, they claimed and said the President should not have acted on the advice of the home ministry.

They contended that they had submitted letters to the President about the pendency of their mercy petitions. They said in Javed Ahmad vs State of Maharashtra (1985) an over two year delay in adjudication of the mercy petition was held sufficient to have the death penalty commuted to life.

Stating that the key conspirators, including LTTE chief Prabhakaran, Pottu Aman, Akila and Sivarasan had been killed, they submitted ‘the crime as is well known was a political crime and in the changed political atmosphere, there is absolutely no possibility of recurrence of the crime’ if they were permitted to live.

The convicted persons said the delay in disposal of the mercy petitions had given them hope they may be given an opportunity to live. We had ‘therefore putting aside our agony and shadow of death equipped ourselves educationally so as to be useful to society and to our families’.

They claimed they had exhibited exemplary conduct in the last 20 years in prison. None of them had any previous criminal record and during the long imprisonment had not only been socially useful, but also helpful to all other inmates in the high security central prison at Vellore where they are lodged.

They said they have been living under the shadow of the hangman’s noose for the last 11 years, during which period they had been kept in a single cell.

They submitted that the Apex Court had found that in their cases the offences for which they had been convicted were individual acts of crime and not against society at large.

The proposed execution of the death penalty, therefore, ‘is most inhuman and shocks all canons of civilised norms’, they claimed and said it was a fit case for the High Court to direct that the death sentence imposed on them be commuted to life imprisonment.

Janata Party president Subramanium Swamy, however, critised the court injunction, saying that the fact of the matter was that Rajiv Gandhi was killed by these people, and they deserved to be hanged. (ANI)

Source: TruthDive, August 30, 2011

Related articles:
Aug 27, 2011
Prison Superintendent R. Arivudainambi Friday afternoon received the official communication to carry out the execution of Murugan, Santhan and Perarivalan. “We have informed the convicts about the date of hanging. ...
Aug 12, 2011
Tags : India, Sri Lanka, Terrorism. Location Inde. 1 commentaires: naan said... Kindly read this below URL and give your thoughts, whether Perarivalan did or not. Hope you can understand more after you read this. ...
Aug 18, 2011
Earlier this week, President Pratibha Patil dismissed the clemency pleas of Murugan, Santhan, and Perarivalan, on death row for the assassination of Rajiv Gandhi. The Home Ministry has advised President Patil to dismiss the ...

Comments

Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.