Urging ADMK regime to adopt Cabinet resolution seeking clemency for three death row convicts in Rajiv Gandhi assassination case, DMK President Kalaignar M.Karunanidhi reiterated his plea for total abolition of death sentence and asked the Central and State governments to seek a way for that.
In his epistle to cadre on April 18, Kalaignar gave details of the case of Devindar Pal Singh Bhullar, convicted to death sentence in the 1993 Delhi car bomb blast intended to kill Congress leader M.S.Bhitta in which he escaped but nine others were killed and his mercy petition was rejected in 2011 by the then President Prathiba Patil. His petition to the Supreme Court seeking remission of death sentence citing delay in deciding upon his mercy petition was rejected on April12. This caused shock waves across Punjab and human rights organisations had demanded that the mentally affected Bhullar should not be convicted to death and it was supported by the ruling party in Punjab Sironmani Akali Dal. Chief Minister Prakash Singh Badal and Deputy Chief Minister Shukbir Singh had met the Prime Minister and Union Home Minister and urged for mercy to Bhullar. They had apprised the PM and Home Minster about the tense situation in Punjab and sought their help to restore peace in the state by showing mercy to Bhullar. When asked about this by newspersons Home Minister Sushil Kumar Shinde had said that the demand of the Punjab Chief Minster would be considered and this had given hope and solace to human rights activists, Kalaignar said.
The Chief Minister of Punjab and people of the state had raised unanimous voice for remission of death sentence to life sentence to a person belonging to that state. But what is the situation in Tamil Nadu, Kalaignar asked.
Kalaignar recalled his statement on 29.8.2011 in which he had stated, “Execution by hanging is basically against human rights and humanitarianism and many countries have scrapped death sentence. It would be a harsher punishment if an accused charged with murder was made to repent his deed, haunted by sadness for the rest of his life, than by hanging him. I have been insisting for the past several years that capital punishment should not be resorted to. Had the young leader Rajiv Gandhi had been alive today, that noble man would have definitely come forward to save the lives of Santhan, Perarivalan and Murugan, responding to the voice of true Tamils and in accordance with the golden saying of Anna, ‘Forget and Forgive’. If they had really committed the offence, repenting for it they had been in prison for over 20 years which was more than life sentence and if in consideration of this, their death sentence is cancelled this humanitarian act would be extolled by Tamil race. As one who was instrumental in liberating those on death row and for their release after which they carried on with noble life, I urge the Central and State governments to save the three from gallows”.
While adopting the resolution for releasing the three in the Assembly, Jayalalitha had said that the State Chief minister and Governor had no powers under Article 161 of the Constitution. Till now she had been repeating the same argument. But in the statement read out by her under rule 110 in the Assembly on 30.8.2011, she had said that accepting the decision of the Cabinet headed by Karunanidhi the Governor on 12.4.2000 gave his consent. It was in the same way that himself and some other parties in the state had been continuing to demand that the State government and Jayalalitha should adopt a resolution in the Cabinet to save the lives of these three and send for the recommendation of the Governor, Kalaignar said.
Similarly, we had been demanding remission of death sentence to life sentence for the four convicted as accomplices of forest brigand Veerappan. The TADA court in Mysore actually awarded life sentence for the four Gnanaprakasam, Simon, Meesai Madhaiyan and Bilavendran. But on their appeal to the Supreme Court they were awarded death sentence in 2004 but it was not executed for nine years. In the meanwhile their mercy petition to the President after keeping it pending for long was rejected on 11.2.2013.
They had again filed a petition to the Supreme Court on 16.2.2013 opposing the death sentence and seeking stay on its execution. They had also sought remission of the death sentence to life sentence. Their counsels Colin Gonsalves and Samik Narain had filed the petition at the residence of Chief Justice Altamas Kabir and sought immediate hearing. The Supreme Court had reserved decision on the four.
Kalaignar pointed out that the UN resolution against death sentence was signed in acceptance by 104 nations and only 39 nations including India voted against it. Following UN resolution 90 percent of nations had abolished death sentence, he said and asked ‘should not India also join with the majority of nations?’
“Those in responsibilities should bear in mind that innocents should not be punished even if offenders escaped. I reiterate that the Central and State governments, while taking up the death sentence of Bhullar for reconsideration, those of these four and Santhan, Murugan and Perarivalan should also be considered along with it and the sentence should be changed and the death penalty itself should be abolished,” he added.
In his epistle to cadre on April 18, Kalaignar gave details of the case of Devindar Pal Singh Bhullar, convicted to death sentence in the 1993 Delhi car bomb blast intended to kill Congress leader M.S.Bhitta in which he escaped but nine others were killed and his mercy petition was rejected in 2011 by the then President Prathiba Patil. His petition to the Supreme Court seeking remission of death sentence citing delay in deciding upon his mercy petition was rejected on April12. This caused shock waves across Punjab and human rights organisations had demanded that the mentally affected Bhullar should not be convicted to death and it was supported by the ruling party in Punjab Sironmani Akali Dal. Chief Minister Prakash Singh Badal and Deputy Chief Minister Shukbir Singh had met the Prime Minister and Union Home Minister and urged for mercy to Bhullar. They had apprised the PM and Home Minster about the tense situation in Punjab and sought their help to restore peace in the state by showing mercy to Bhullar. When asked about this by newspersons Home Minister Sushil Kumar Shinde had said that the demand of the Punjab Chief Minster would be considered and this had given hope and solace to human rights activists, Kalaignar said.
The Chief Minister of Punjab and people of the state had raised unanimous voice for remission of death sentence to life sentence to a person belonging to that state. But what is the situation in Tamil Nadu, Kalaignar asked.
Kalaignar recalled his statement on 29.8.2011 in which he had stated, “Execution by hanging is basically against human rights and humanitarianism and many countries have scrapped death sentence. It would be a harsher punishment if an accused charged with murder was made to repent his deed, haunted by sadness for the rest of his life, than by hanging him. I have been insisting for the past several years that capital punishment should not be resorted to. Had the young leader Rajiv Gandhi had been alive today, that noble man would have definitely come forward to save the lives of Santhan, Perarivalan and Murugan, responding to the voice of true Tamils and in accordance with the golden saying of Anna, ‘Forget and Forgive’. If they had really committed the offence, repenting for it they had been in prison for over 20 years which was more than life sentence and if in consideration of this, their death sentence is cancelled this humanitarian act would be extolled by Tamil race. As one who was instrumental in liberating those on death row and for their release after which they carried on with noble life, I urge the Central and State governments to save the three from gallows”.
While adopting the resolution for releasing the three in the Assembly, Jayalalitha had said that the State Chief minister and Governor had no powers under Article 161 of the Constitution. Till now she had been repeating the same argument. But in the statement read out by her under rule 110 in the Assembly on 30.8.2011, she had said that accepting the decision of the Cabinet headed by Karunanidhi the Governor on 12.4.2000 gave his consent. It was in the same way that himself and some other parties in the state had been continuing to demand that the State government and Jayalalitha should adopt a resolution in the Cabinet to save the lives of these three and send for the recommendation of the Governor, Kalaignar said.
Similarly, we had been demanding remission of death sentence to life sentence for the four convicted as accomplices of forest brigand Veerappan. The TADA court in Mysore actually awarded life sentence for the four Gnanaprakasam, Simon, Meesai Madhaiyan and Bilavendran. But on their appeal to the Supreme Court they were awarded death sentence in 2004 but it was not executed for nine years. In the meanwhile their mercy petition to the President after keeping it pending for long was rejected on 11.2.2013.
They had again filed a petition to the Supreme Court on 16.2.2013 opposing the death sentence and seeking stay on its execution. They had also sought remission of the death sentence to life sentence. Their counsels Colin Gonsalves and Samik Narain had filed the petition at the residence of Chief Justice Altamas Kabir and sought immediate hearing. The Supreme Court had reserved decision on the four.
Kalaignar pointed out that the UN resolution against death sentence was signed in acceptance by 104 nations and only 39 nations including India voted against it. Following UN resolution 90 percent of nations had abolished death sentence, he said and asked ‘should not India also join with the majority of nations?’
“Those in responsibilities should bear in mind that innocents should not be punished even if offenders escaped. I reiterate that the Central and State governments, while taking up the death sentence of Bhullar for reconsideration, those of these four and Santhan, Murugan and Perarivalan should also be considered along with it and the sentence should be changed and the death penalty itself should be abolished,” he added.
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