The Supreme Court will soon hear the Centre’s review petition against its November 11 order releasing the six convicts in the Rajiv Gandhi assassination case. Being a criminal matter, there is a strong possibility that this petition will be heard in open court. Normally, review petitions are heard in-chamber by circulation and decided without notice.
If this matter comes in the open court, notice will be issued to the parties. The court will take a decision after hearing everyone. The success rate of review petitions in the Supreme Court is abysmally low at 0.1 per cent. Under Article 137 and Article 145, the Supreme Court reviews the decisions pronounced by it. According to the judgment given in the year 1975, the Supreme Court accepts review petitions against its decisions on three grounds.
Tamil Nadu Government’s AAG Amit Anand Tiwari has said that this review petition of the Center is not worthy of consideration. The counsel for the Center was not present during the hearing in the case and once the case was also adjourned on the ground that the counsel for the Center was not present in the court. He does not think that the court will accept this petition.
What was the order
In the light of the May 2022 order, a bench of Justices BR Gavai and BV Nagaratna had ordered the release of the six convicts in the Rajiv Gandhi assassination case. In the May order, a three-judge bench had ordered the release of convict AG Perarivalan, exercising extraordinary powers under Article 142 of the Constitution.
The court had said that more than two-and-a-half years have passed since the governor took a decision on his mercy petition, which entitled him to release. Based on the Perarivelan verdict, a two-judge bench ordered the release of the remaining six convicts on November 11.
Case of procedural error
In this case, the central government has raised procedural lapses. Said that the convicts demanding amnesty did not make the Center a party. Due to this, the case has been decided without him becoming a party. This is a violation of the principle of natural justice.
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