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A REPRIEVE: A crowd celebrating the Madras High Court stay on the execution
of three convicts for eight weeks in the Rajiv Gandhi assassination case, on
the court campus on Tuesday. Photo: Special Arrangement

Senior advocates representing the three death row convicts in the Rajiv
Gandhi assassination case assailed the undue delay in the disposal of their
mercy petitions and contended that this rendered the death penalty imposed
on them illegal and unconstitutional.

Ram Jethmalani, senior counsel, arguing for Murugan, submitted that every
country in Europe was free from death penalty. However, India had not
abolished capital punishment. He traced the facts starting from the
assassination of the former Prime Minister on May 21, 1991 till the
completion of the judicial process on May 11, 1999 (the day on which the
Supreme Court delivered its verdict).

The first clemency petition was dismissed by the Governor in 10 days. His
second petition was also rejected. Later, a mercy plea was sent to the
President in 2000. This was followed by reminders. After 11 years and four
months, the petition was rejected.

Citing various judgments, he said the delay in disposing of mercy petitions
was a ground for commutation of sentence. Unless the delay was properly
explained and justified, it rendered the death penalty illegal and
unconstitutional. R. Vaigai, senior counsel, appearing for Santhan,
submitted that delay in disposal of the mercy petition by 11 years made the
execution of death sentence unconstitutional.

Colin Gonsalves, counsel for Perarivalan, said as per Article 21, no person
should be deprived of his life or personal liberty except according to
procedure established by law. Taking 11 years for disposing of the mercy
petition was not a procedure established by law.

Anbumani, sister of Perarivalan, said she had faith in the judiciary. She
was hopeful that her brother would ultimately be released from prison. The
prisoner's father, Kuyilthasan, said various parties and people of different
strata of society had come together for saving the three lives.

Film director Manivannan was among those present in the court complex.

Keywords: Rajiv Gandhi assassination case, mercy petitions, capital
punishment, clemency, Tamil Nadu Assembly resolution
http://www.thehindu.com/news/cities/Chennai/article2414409.ece
-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
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