Madras HC grants stay to execution of Rajiv Gandhi killers

The Madras high court on Tuesday stayed the execution of three assassins of former prime minister Rajiv Gandhi for eight weeks. The execution by hanging of Murugan alias Sriharan, Santhan and Perarivalan alias Arivu was earlier scheduled for 9 September.

The union and Tamil Nadu governments will file a counter-affidavit in the case within those eight weeks, said a bench of justices C Nagappan and M Sathayanarayanan. Tamil Nadu police have also been issued a notice by the court.

The three convicts, lodged in Vellore Jail, had filed a petition on the grounds that the President of India took 11 years to reject their mercy pleas. Senior counsel Ram Jethmalani appeared for two convicts - Murugan alias Sriharan, Santhan - in a case that has political overtones especially in Tamil Nadu. Colin Gonsalves appeared for Perarivalan alias Arivu.

Jethmalani argued, "It has 11 years and four months' delay in disposing off the petition. The delay unless properly explained and justified makes death penalty immoral, illegal and according to me unconstitutional. The underlying legal argument is by delay in disposing of case, you are guilty for suffering of these convicts. The submission is that whether the delay is justified. The court should send notice and seek explanation what they were doing for all these 11 years," argued Jethmalani.

However, Janata Party president Subramanian Swamy, also a practicing lawyer, said that the stay was not necessary and the trio should be hanged for the assassination of the former prime minister of India.

"The stay is inconsistent with the Supreme Court judgment of 1990. The stay cannot be given if the President has given a go ahead for execution. This should be clarified in the Supreme Court. There cannot be any pardon for anti-nationals. The attorney general should get the stay vacated," said Swamy.