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Rajiv assassins challenge rejection of clemency petitions

The four convicts in the Rajiv Gandhi assassination case on Tuesday moved the Madras high court, challenging Tamil Nadu Governor M Fathima Beevi's rejection of their mercy petitions.

When the petitions from the four -- Nalini, her husband Murugan, Santhan and Perarivalan -- came up for admission, Justice K Govindarajan adjourned the hearing to November 4.

The convicts sought a declaration to the effect that the governor's October 27 order rejecting their petitions was null, void and inoperative.

Referring to Chief Minister M Karunanidhi's statement on October 26 that no remarks had been called for from the state government by the governor, the convicts said this meant that she had rejected their petitions without advice from the council of ministers.

Hence, they argued, it was illegal, arbitrary and violated the Constitution.

The convicts contended that the governor could not act at will, that her action must be in conformity with some principles, which meets the test of reason and relevance.

The power of the governor under Article 161 to grant pardon to them was executive in character and it has to be exercised within the four corners of the constitutional framework, they said.

There was nothing to stop the governor from reconsidering the relevant circumstances including world-wide opinion against capital punishment, irrespective of the findings given by courts of law, they submitted.

Nalini and Murugan had stated that their seven-year-old daughter would be orphaned if both were executed. This was noted by one of the Supreme Court judges dealt with their revision petition, and he had said that Nalini be spared the death penalty.

UNI

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