ID :
204408
Tue, 08/30/2011 - 14:27
Auther :
Shortlink :
https://www.oananews.org//node/204408
The shortlink copeid
HC stays execution of Rajiv assassins for eight weeks
Chennai, Aug 30 (PTI) The Madras High Court on Tuesday
stayed for eight weeks the execution of three Rajiv Gandhi
assassination case convicts.
The three -- Murugan, Santhan and Perarivalan-- lodged in
Vellore Jail, were scheduled to be hanged on September 9.
Granting the interim stay, a bench comprising justices
C Nagappan and M Sathayanarayanan observed there had been a
delay of over 11 years in the disposal of the mercy petitions
filed by the convicts to the President seeking clemency.
The matter involved a question of law, the judges said
and admitted the writ petitions and issued notices to the
Centre, the state and Tamil Nadu police.
Their case was taken up by senior lawyer Ram Jethmalani
and others.
A crowd that had gathered outside the court welcomed the
court order. MDMK leader Vaiko, who strongly pleaded for
the commutation of capital punishment, was also present in the
court.
Senior counsel Ram Jethmalani, R Vaigai and Colin
Gonsalves, appearing on behalf of the three convicts,
contended that the "inordinate and inexplainable delay" in
disposing of their mercy petitions violated Article 21 of the
Constitution (Protection of life and personal liberty).
Jethmalani later told reporters that the delay of 11
years in deciding their mercy plea was "mental torture" for
the convicts. "You make him suffer thousand times. Is this
justice?" he asked.
He said the government should consider the "people's
voice" against execution.
The mercy petitions of the three convicts were rejected
by President Pratibha Patil early this month, 11 years after
the submission of the petitions and 20 years after the
assassination.
Santhan, Murugan and Perarivalan had sought to set aside
the order of the President on the ground of 'undue delay' in
disposing of their mercy petitions.
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.
stayed for eight weeks the execution of three Rajiv Gandhi
assassination case convicts.
The three -- Murugan, Santhan and Perarivalan-- lodged in
Vellore Jail, were scheduled to be hanged on September 9.
Granting the interim stay, a bench comprising justices
C Nagappan and M Sathayanarayanan observed there had been a
delay of over 11 years in the disposal of the mercy petitions
filed by the convicts to the President seeking clemency.
The matter involved a question of law, the judges said
and admitted the writ petitions and issued notices to the
Centre, the state and Tamil Nadu police.
Their case was taken up by senior lawyer Ram Jethmalani
and others.
A crowd that had gathered outside the court welcomed the
court order. MDMK leader Vaiko, who strongly pleaded for
the commutation of capital punishment, was also present in the
court.
Senior counsel Ram Jethmalani, R Vaigai and Colin
Gonsalves, appearing on behalf of the three convicts,
contended that the "inordinate and inexplainable delay" in
disposing of their mercy petitions violated Article 21 of the
Constitution (Protection of life and personal liberty).
Jethmalani later told reporters that the delay of 11
years in deciding their mercy plea was "mental torture" for
the convicts. "You make him suffer thousand times. Is this
justice?" he asked.
He said the government should consider the "people's
voice" against execution.
The mercy petitions of the three convicts were rejected
by President Pratibha Patil early this month, 11 years after
the submission of the petitions and 20 years after the
assassination.
Santhan, Murugan and Perarivalan had sought to set aside
the order of the President on the ground of 'undue delay' in
disposing of their mercy petitions.
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.
