Release decision well justified

The release of Nalini Sriharan and five other convicts in the Rajiv Gandhi assassination case by the Supreme Court last week was the natural culmination of a process which was sought to be disrupted by many authorities, including the central government, in many ways. The government has now sought a review of the court’s order contending that the court had not given it adequate opportunity to present its views before ordering the release. It has said there was a breach of principles of natural justice. The Congress party has also criticised the court’s decision, saying that it disagreed with the members of the Gandhi family who had sought the release. A bench of Justices BR Gavai and BV Nagarathna had passed the release order noting that the Tamil Nadu government had recommended the release of the convicts to the Governor and one of the co-convicts, AG Perarivalan, had already been released by the court.

The release has to be seen as an affirmation of the idea that reformation of the convict, and not retribution, is the main aim of the criminal justice system and that the system should always act with human considerations. The convicts have spent over 30 years in prison and, as the court noted, individually exhibited satisfactory conduct during their incarceration. They have earned postgraduate degrees and diplomas. If the prison life reformed them and made them ready to live like other citizens in society, they should get an opportunity for that. That is what justice is all about. The acquittal of a number of accused and the commutation of death sentences and now the release are all decisions made in accordance with the law and laid-down procedures. There may be concern that the release may be considered a wrong precedent, but it should be taken as a right precedent to underline the fact that reform and good conduct are the gold standard of the justice system. It should, however, not be misused.

The government’s argument that it was not made a party to the proceedings is wrong. The Tamil Nadu Governor sat on the state government’s recommendation and referred it to the President, who also sat on it. This was done at the behest of the central government, and it had even defended the Governor in court. It was after taking into consideration all this that the court has released the convicts now, and the government cannot claim that it was not a party to the case. The Congress criticism arises from the fear that it may be criticised by the BJP for supporting “terrorism.’’ The court has taken a just and humane decision, and it must prevail.