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| Indian State to Free 7 Men Convicted in Rajiv Gandhi Assassination Plot | |
| (about 3 hours later) | |
| MUMBAI, India — The chief minister of Tamil Nadu said Wednesday that her government would free seven men who were convicted of plotting the 1991 assassination of Rajiv Gandhi, the former prime minister of India. | MUMBAI, India — The chief minister of Tamil Nadu said Wednesday that her government would free seven men who were convicted of plotting the 1991 assassination of Rajiv Gandhi, the former prime minister of India. |
| The minister, J. Jayalalithaa, said her government had the authority to free the prisoners, who have been imprisoned in Tamil Nadu since 1991. She gave the federal government three days to respond. | The minister, J. Jayalalithaa, said her government had the authority to free the prisoners, who have been imprisoned in Tamil Nadu since 1991. She gave the federal government three days to respond. |
| The announcement came a day after the Supreme Court commuted the death sentences of three of the men to life imprisonment, saying they had been on death row for too long, constituting cruel and unusual punishment. This paved the way for the decision to free the seven prisoners. | The announcement came a day after the Supreme Court commuted the death sentences of three of the men to life imprisonment, saying they had been on death row for too long, constituting cruel and unusual punishment. This paved the way for the decision to free the seven prisoners. |
| Ms. Jayalalithaa’s announcement was seen by many analysts as a strategic move to shore up local pro-Tamil sentiment before elections for the lower house of Parliament, as well as part of a wider movement by Indian states to challenge New Delhi over the use of the death penalty, which they view as often political in nature. | Ms. Jayalalithaa’s announcement was seen by many analysts as a strategic move to shore up local pro-Tamil sentiment before elections for the lower house of Parliament, as well as part of a wider movement by Indian states to challenge New Delhi over the use of the death penalty, which they view as often political in nature. |
| In 1991, Mr. Gandhi was campaigning for the Congress party in Tamil Nadu when a suicide bomber, a Tamil from Sri Lanka, detonated explosives in her clothes as she handed him flowers. | In 1991, Mr. Gandhi was campaigning for the Congress party in Tamil Nadu when a suicide bomber, a Tamil from Sri Lanka, detonated explosives in her clothes as she handed him flowers. |
| Prosecutors said the Liberation Tigers of Tamil Eelam, a separatist organization from Sri Lanka, was behind the killing of Mr. Gandhi because as prime minister he sent Indian troops to put down the Tamil rebellion during the Sri Lankan civil war. | Prosecutors said the Liberation Tigers of Tamil Eelam, a separatist organization from Sri Lanka, was behind the killing of Mr. Gandhi because as prime minister he sent Indian troops to put down the Tamil rebellion during the Sri Lankan civil war. |
| A total of 26 people were found guilty of conspiring to kill Mr. Gandhi, the husband of Sonia Gandhi, the current president of the Congress Party, and the father of Rahul Gandhi, the party’s vice president. Nineteen were later acquitted. | A total of 26 people were found guilty of conspiring to kill Mr. Gandhi, the husband of Sonia Gandhi, the current president of the Congress Party, and the father of Rahul Gandhi, the party’s vice president. Nineteen were later acquitted. |
| While it was Ms. Jayalalithaa, leader of the All India Anna Dravida Munnetra Kazhagam party, who made the announcement on Wednesday, the prisoner release was backed by other political parties in the state. | While it was Ms. Jayalalithaa, leader of the All India Anna Dravida Munnetra Kazhagam party, who made the announcement on Wednesday, the prisoner release was backed by other political parties in the state. |
| “All political parties in the state are vying with one another to cater to the Sri Lankan Tamil population,” said Rajeev Sharma, the author of “Beyond the Tigers: Tracking Rajiv Gandhi’s Assassination.” | “All political parties in the state are vying with one another to cater to the Sri Lankan Tamil population,” said Rajeev Sharma, the author of “Beyond the Tigers: Tracking Rajiv Gandhi’s Assassination.” |
| “Their political goal is to use the Sri Lankan Tamil issue to further their domestic political agenda.” | “Their political goal is to use the Sri Lankan Tamil issue to further their domestic political agenda.” |
| In Tamil Nadu, the Gandhi assassination case provides the state with an opportunity to assert its authority over New Delhi. Ms. Jayalalithaa cited as the legal basis for her decision Section 432 of the criminal code, which states: “When any person has been sentenced to punishment for an offense, the appropriate government may ... suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.” | In Tamil Nadu, the Gandhi assassination case provides the state with an opportunity to assert its authority over New Delhi. Ms. Jayalalithaa cited as the legal basis for her decision Section 432 of the criminal code, which states: “When any person has been sentenced to punishment for an offense, the appropriate government may ... suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.” |
| One legal expert said since the prisoners were eventually convicted under the Indian Penal Code, which falls under state jurisdiction, the “appropriate government” in this case would be the state government. | One legal expert said since the prisoners were eventually convicted under the Indian Penal Code, which falls under state jurisdiction, the “appropriate government” in this case would be the state government. |
| Rajshekhar Rao, an advocate who practices before the Supreme Court, said that the seven men were convicted in a special court under the Terrorist and Disruptive Activities Act, which falls under the central government’s jurisdiction. But the Supreme Court eventually set aside that conviction. | Rajshekhar Rao, an advocate who practices before the Supreme Court, said that the seven men were convicted in a special court under the Terrorist and Disruptive Activities Act, which falls under the central government’s jurisdiction. But the Supreme Court eventually set aside that conviction. |
| As a result, in the Tamil Nadu case, “the views of the central government may be taken by the state, but would not be binding upon it,” he said. | As a result, in the Tamil Nadu case, “the views of the central government may be taken by the state, but would not be binding upon it,” he said. |