Rajiv Gandhi Assassination: SC refers case to the constitutional Bench.

New Delhi: The Supreme Court of India, referring the case to the Constitutional Bench, has issued a stay on the release of the assassins of former Prime Minister Rajiv Gandhi. A bench consisting of three judges and headed by Chief Justice of India P.Sathasivam pronounced their verdict at 10:30 this morning as the three accused were expecting some relief for them.

On 21^st May, 1991 former Prime Minister Rajiv Gandhi was assassinated. The Chief Justice of India today said that this case needs to be referred to a larger bench. Hence, the verdict of this case will now be given by the Constitutional Bench of the Supreme Court. Tomorrow the Chief Justice of India P. Sathasivam is going to retire and he had earlier said that he would pronounce his verdict on the case before his retirement.

• Timeline and Escapes from Death.

On 21^st May 1991, former Prime Minister Rajiv Gandhi was killed while he was campaigning for his party. At Sriperumbudur, Rajiv Gandhi got out of his car and was walking towards the dais where he was supposed to deliver a speech. On the way to dais, he was greeted by several followers and some school students. Rajiv Gandhi was garlanded by his well—wishers when suicide bomber Dhanu went ahead and greeted him. She later bent down to touch his feet and during this time she detonated an RDXexplosive-laden belt tucked below her dress.

The whole campaign venue was soon turned into the site of a blast. The whole incident was captured by a photographer who himself dies but the footages of the incident captured by his camera played a crucial role.

The mercy plea of the three accused was rejected by the President of India and their hanging was to be conducted in 2011 in the month of September. But this death sentence was stayed by the Madras High Court. On February 18, all the three accused escaped death when the Supreme Court of India reduced their death sentence to life imprisonment. A day later, on February 19^thJ. Jayalalithaa, the Chief Minister of Tamil Nadu declared an immediate release for the three.

On the next day, the Centre quickly moved to the SC which issued a stay on the decision of their release.

And now in today’s verdict too, there is no relief for the three accused. The decision now is in the hands of the Constitutional Bench of the Supreme Court.

• Constitutional Bench

Supreme Court Lawyer, PrashantPadmanabhan told Spectralhues that a Constitutional Bench is a 5-judge Bench. “It’s a Constitution Bench, for deciding issues of interpretation of the provisions of Constitution or to lay down the law when there’s difference of opinion between earlier lesser Bench (3 Judge Bench) decisions,” he added.

Sharing his opinion about this case, Prashant said, “I feel that the Constitution Bench will give the primacy to Union of India (Central Government) in matters where both the Central and State Government has power (like in the present case). Otherwise, it may give rise to situations wherein, after the power of President to Pardon is exercised, the Governor or State Government will still consider such applications. We have to wait till the Constitution Bench takes a view on this subject.”

The act done by all the perpetrators is an unpardonable act. But decision now will be taken by the appointed bench of the Supreme Court of India and nothing can be assumed as of now.

• About the Author

About Suyash Karangutkar

Suyash Karangutkar is a young, dedicated and an enthusiastic journalist who has a deep interest in National and International Affairs. He is an ardent political spectator who finds politics fascinating. At Spectralhues, he heads the Mumbai team and covers National Affairs & Politics. He also occasionally writes columns for Spectralhues. He can be followed on Twitter @columnistsuyash