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SC dismisses TN govt plea seeking review of judgement in Rajiv case

New Delhi: The Supreme Court has dismissed the pleas of the Tamil Nadu government and one convict seeking review of its judgement in the Rajiv Gandhi assassination case in which was ruled that the Centre has “primacy” over states’ right to grant remission.

A five-judge Constitution Bench headed by Chief Justice J S Khehar dismissed the pleas on the ground of delay in filing the petition and also on merit.

“The instant petitions have been filed by the petitioners for review of the judgement dated December 2, 2015 rendered by this court in the writ petitions and criminal appeal. The Review Petition Nos.560-564 of 2016 is barred by 208 days, whereas Review Petition (Crl.) No.27 of 2017 is barred by 358 days. There is no satisfactory explanation for condoning of such huge delay.

“Thus, though the present petitions are liable to be dismissed on the ground of delay itself, yet we have carefully gone the petitions for review, the judgement impugned and the papers connected therewith. We are satisfied that there is no error apparent on the face of the record of the case, warranting reconsideration of the judgement impugned. The instant petitions are without any merit,” the bench also comprising Justices P C Ghose, S A Bobde, A M Sapre and U U Lalit said.

The verdict, which was passed by the bench yesterday, was made available on the apex court website today.

“The review petitions are, accordingly, dismissed on the ground of delay as well on merits,” the bench said.

The apex court had also rejected the prayer of the Tamil Nadu government and convict A G Perarivalan alias Arivu for open court hearing of the pleas.

The Tamil Nadu government had on July 28 last year moved the apex court seeking review of its judgement in the Rajiv Gandhi assassination case.

The petition had sought review of the apex court’s verdict given in December 2015, virtually overturning the state government’s clemency decision.

A five-judge bench had in 2015 said that the state governments must secure “concurrence” of the Union government before freeing convicts in certain cases.

PTI