GS Paper 3
Syllabus: Challenges to internal security
Source: The Indian Express
Context: Many have divided opinions on the Supreme Court’s recent decision to free all six remaining convicts serving life sentences in the Rajiv Gandhi assassination case.
Background:
- Former Prime Minister Rajiv Gandhi was assassinated by a suicide bomber in Sriperumbudur, Tamil Nadu, on the night of May 21, 1991, killing 18 people.
- In the case, the TADA or Terrorist and Disruptive Activities (Prevention) Act trial court initially convicted 26 people to death.
- In 1999, a few years after the TADA Act was repealed, the SC upheld the conviction of only 7 (convicting 4 of them to death and the other 3 to life imprisonment), releasing the rest.
- By 2014, the SC commuted the death sentences of all 4 to life imprisonment
- The Tamil Nadu government had recommended the release of all convicts. However, the Governor had not acted upon this recommendation.
- The convicts had spent more than three decades in prison, where their conduct was satisfactory.
- Invoking its extraordinary power under Article 142 of the Indian Constitution, the recent SC order noted that none of the 6 convicts was a part of the nucleus of the assassination team.
Definition of terrorism:
- According to the TADA, terrorism involves all or any one of the 4 acts –
- Overawing/threatening Government;
- Striking terror in the people;
- Alienating a section of the people;
- Adversely affecting social harmony.
- As per TADA, killing a person bound by oath under the Constitution to uphold the sovereignty and integrity of India or any public servant was deemed a disruptive activity.
Grounds on which convicts were released:
- The prosecution’s case was that the assassination was an act to prevent the government from continuing with the implementation of the 1987 India-Sri Lanka Accord.
- The SC said that for an act to qualify under the definition of terrorism, its “intent” is critical.
- It is difficult for the court to conclude that the conspirators intended to overawe/endanger the Government of India or to strike terror in people or any section thereof.
- There is no evidence that any one of the conspirators ever desired the death of any Indian other than Rajiv Gandhi.
- Unfortunately, Rajiv Gandhi was not then a person bound by oath under the Constitution to uphold the sovereignty and integrity of India, as the Lok Sabha had been dissolved months before the incident.
Insta Links:
Mains Links:
Q. “All terrorists are criminals but not all criminals are terrorists”, in light of the statement above explain in what way anti-terror laws in the country have led to a period of over-Criminalisation.
