Granting the stay, the court observed there had been a delay of over 11 years in the disposal of the petitions filed by the three convicts seeking Presidential clemency.
The Madras High Court Tuesday stayed for eight weeks the hanging of Santhan, Murugan and Perarivalan, the three Rajiv Gandhi assassins. They were scheduled to be executed on September 9 following the rejection of their clemency petition by the president of India.
A bench consisting of Justices C Nagappan and M Sathayanarayanan said there had been a delay of more than 11 years in the disposal of the petitions filed by the convicts to the President seeking clemency. The judges issued notices to the Centre, the state and Tamil Nadu police seeking explanation in the inordinate delay in the disposal of the clemency petition.
The assassins were represented by senior counsel Ram Jethmalani, R Vaigai and Colin Gonsalves. They told the court the inordinate and unexplainable delay in disposing of the mercy petitions violated Article 21 of the Constitution (Protection of life and personal liberty).
Speaking to reporters outside the court, Jethmalani said there was no justification for the delay in the disposal of the clemency petition. "It is like mental torture of the highest order… You cannot make people suffer like this," he said.
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 said in their petition the delay in refusing their clemency petition was unwarranted, illegal and unconstitutional.
Earlier in the day, the Tamil Nadu legislative assembly passed a unanimous resolution asking the government to commute the death sentence of the three convicts as there was discontent among the people of the state due to the delay in rejecting the mercy petition.
The news about the assembly resolution and the High Court stay were welcomed by people all over Chennai with celebrations and rallies. Band sets had been hired by various groups to celebrate the success registered by them in getting the execution deferred.
P Nedumaran, leader of the Tamil Nationalist movement told this newspaper the unanimous resolution passed in the assembly on Tuesday would have a major impact. The Centre has no other alternative but to take note of feelings of the people in Tamil Nadu," said Nedumaran. He said with Madras High Court staying the execution and Jayalalithaa getting a resolution adopted in the House, rays of hope have become visible in the solitary cells in Vellore Prison where the three LTTE assassins have been incarcerated.
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