The Tamil Nadu government’s letter to the Centre informing the Narendra Modi government of its decision to release all seven convicts in the Rajiv Gandhi assassination case, expectedly set off a political war of words.
The Congress party moved an adjournment motion in Parliament today demanding that the seven convicts not be released. The Dravida Munnetra Kazhagam, the ally of the Congress in Tamil Nadu, is in a quandary. Late on Wednesday evening, DMK chief M Karunanidhi issued a statement. “It is due to the Tamil Nadu government’s faulty actions that the release of these seven convicts has been delayed for so long,” he said. “I request the Centre to take necessary action to release the convicts as per the Tamil Nadu government’s letter, this time,” he said.
State vs Centre
The current chain of events was set in motion in August 2011 when the date for execution of three of the seven convicts was set for 9 September 2011. The Jayalalithaa-led All India Anna Dravida Munnetra Kazhagam government had just come to power on a massive mandate and the Assembly unanimously passed a resolution urging the President to commute the death sentences to life for the three on death row.
In February 2014, the Supreme Court commuted the death sentences to life on grounds of delay in hearing their mercy pleas, also stating that the state government may exercise its powers to release the convicts if necessary.
The Tamil Nadu Assembly exercised its powers under Section 435 of the Criminal Procedure Code (CrPC) to pass a resolution to release all seven convicts. The state government gave the Centre a three-day deadline to respond, failing which they would go ahead with the release, it said.
The case went back to the Supreme Court and in December 2015, the apex court finally ruled that release of convicts “in consultation with” the Centre should be interpreted to mean “with the concurrence of” the Centre, and not simply informing the Centre of a State’s decision. This time, there is no 3-day deadline in the letter from the Tamil Nadu Chief Secretary to the Union Home Secretary dated 2 March 2016.
Legal Debates
“Now that the Supreme Court has said that the state can take action only with the concurrence of the Centre, the state government has sought it,” said P Wilson, former additional advocate general of Tamil Nadu.
“There are two sets of powers with the state – one under Section 161 of the Constitution, the Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends”.
He said the second is invoking power under Section 435 of the CrPC, to which the Supreme Court has said the state can’t decide independently. “So the State is opting for the second route. I don’t know whether the Centre will now impose conditions. It is a qualified request – each one, the state and the Centre, will try to assert power,” he said.
CrPC Section 435 confers rights on the “state government to act after consultation with Central Government in certain cases”. This includes remission and release of convicts.
A Political Battle to Appear Pro-Tamil
Political analysts and pro-Tamil voices though say that it is sad to see such politics being played over the lives and liberty of seven convicts who have spent 25 years in prison. “Writing a letter again to the Centre will not yield any results,” said Thirumurugan Gandhi of the 17 May movement, a campaigner for the release of the convicts.
The Central government has consistently not changed their stand on this. If the AIADMK wants to do something, they need to raise this issue in Parliament. The Tamil Nadu government should not play with this issue. If they want to release them, they should go ahead and release them.Thirumurugan Gandhi, campaigner for release ofconvicts
Political analyst C Lakshmanan, Associate Director of the Madras Institute of Development Studies (MIDS), says the game is one of purely political one-upmanship. “Both Karunanidhi and Jayalalithaa are trying to score political points,” he said.
It could have done long back, during Karunanidhi’s period too. Karunanidhi is playing a double game – he doesn’t want to antagonise the Congress and he doesn’t want to be seen as pro-LTTE. But will the Central government agree to the demand? That is the question. Clearly, this is political opportunism since elections are around the corner.Thirumurugan Gandhi, campaigner for release ofconvicts
History shows a clearer picture of the muddled issue. Until 2008, Jayalalithaa, an ardent and vehement opponent of the LTTE (Liberation Tigers of Tamil Eelam) did an about turn. “Since 2008, the Tamil issue has been appropriated by the AIADMK,” explained Aazhi Senthilnathan, a political analyst. “It is not a change of heart on the part of Jayalalithaa, but instead a calculated political strategy. The AIADMK has largely succeeded in snatching the Tamil issue from the DMK,” he said.
A Niche, Yet Vocal Votebank in Need of Pacifying
All political parties, although, not on record, agree this issue may not have a direct impact on voting. But a niche and vocal votebank still need pacifying, says experts. “The point is not whether the state electorate will vote on this issue either directly or indirectly,” continued Senthilnathan.
What Jayalalithaa wanted, has been achieved – the Congress, as expected, has raised the issue in Parliament and said the convicts should not be released. This will cause tension between the DMK and the Congress. If the convicts are released, Jayalalithaa scores. If not, she can always blame it on the BJP government at the Centre. Only the DMK stands to lose some face in this.Aazhi Senthilnathan, political analyst
Analysts also point out that this move by the state government is similar to what was done during the January harvest festival of Pongal, with respect to revoking the ban on Jallikattu, the traditional bull taming event in the state.
Chief Minister Jayalalithaa wrote to the Centre asking it to pass an ordinance allowing the banned Jallikattu to be held. The Union Ministry of Environment and Forests managed a cosmetic permission, which was subsequently struck down by the Supreme Court.
The ball is now in the Centre’s court. With elections round the corner in Tamil Nadu, will the Centre buckle? Whatever it does, Round One is firmly Jayalalithaa’s.
(Sandhya Ravishankar is a Chennai-based independent journalist.)
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