Tiger campaign delayed Rajiv Gandhi's killers' hanging

Three Rajiv Gandhi assassins have opposed the execution of the death sentence awarded to them by pointing to the 12 year-lag between the Supreme Court's confirmation of the High Court's order to send them to the gallows and the rejection of the mercy petition by President.

Behind this argument, it turns out, is a well-organized campaign by LTTE cadres, sympathizers and human rights groups opposed to death penalty who could well have been the reason for the delay in the first place.

A confidential government document, accessed through RTI, described the unprecedented number of appeals from across the world as an "orchestrated campaign" by Tiger cadres and sympathizers against the execution of the Supreme Court's 1999 order sentencing them to death.

Murugan, Santhan and Perarivalan later cited the delay when they submitted their mercy petitions to the President, seeking commutation of their death sentence to life. Their writ petitions are now with the Supreme Court.A close scrutiny of documents accessed under RTI, in response to a plea filed by activist S C Agrawal, shows that the 1999 verdict led to international and domestic pressure on the government.

The death sentence awarded to Nalini, another accused in the case, was commuted to life in April 2000 by the Tamil Nadu governor on the ground that she had a young child. Congress president Sonia Gandhi was among those who had sought clemency.

The announcement of death penalty led to the European Union issuing a demarche to the Indian government.

Tamil and human rights groups lobbied France, South Africa, Germany, Denmark, UK MPs, the Archbishop of Madras-Mylapore as well as Indian ministers for not carrying out the death sentence. Rashtrapati Bhavan was bombarded with clemency pleas.

It was against such a backdrop that President K R Narayanan did not take up the clemency pleas in 1999. It was only in August 3, 2011 that clemency pleas were turned down by then President Pratibha Patil. Immediately afterwards, the convicts moved Court, successfully stalling the execution by citing the delay in the implementation of the apex Court's 1999 order.

The high-decibel campaign reflects the effectiveness of the Tamil diaspora and their sympathy for the killers of the former prime minister.

The number of petitions seeking clemency for the four accused was so high that in December 1999, the MEA in a note said, "The government has received numerous petitions calling for setting aside of the death penalty awarded to four persons accused in the Rajiv Gandhi assassination case.

Most of the petitions seem to be part of a campaign orchestrated by the LTTE cadres/supporters/sympathizers and human rights groups opposed to death penalty. EU Ambassadors in Delhi have also made demarche to the government.

A communication on the subject has also been received from the Special Rapporteur on extra-judicial, summary and arbitrary execution. The purpose of this communication is to provide sufficient background material to rebut any negative media coverage and to respond to any queries on the subject.''In February 2000, the EU Troika head of mission in Delhi issued a "confidential demarche" and requested the President to commute the sentence of the four persons to life.

Among the other petitioners who sought death penalty waiver were NGOs like Campaign against Death Penalty, Dravidians for Peace & Justice, South Africa chapter, South African Tamil Federation, The World Saivite Council, the South Indian Foundation and the Federation of Tamil Associations in France.

Courtesy: The Times of India