The four, who have sought review of the May 11 order confirming capital punishment on them, are 35-year old Nalini, her 29-year old husband Santhan alias Murugan (both lodged at Central prison, Vellore), 27-year old Suthenthiraja alias Santhan and 27-year old G Perarivalan alias Arivu (both lodged at Central prison, Salem).

Counsel for the four, senior advocate N Natrajan contended before a three-judge bench comprising Justices K T Thomas, D P Wadhwa and S S M Quadri, that his arguments would be against confirmation of the death sentence and said he would point out how these four deserved to be given life imprisonment.

Appearing for CBI, which has also filed a review petition, Attorney General Soli J Sorabjee said the review sought by the investigating agencypertains only to the averment in the judgement that the acts of the convicts did not amount to spread of terror in the society.

The agency in its petition had said that as the former Prime Minister was assassinated in a public rally it would amount to spreading of terror in the society.

By the May 11 order, the three judge bench had converted the capital sentence awarded to Robert Payas, Jayakumar and Ravichandran by the trial court to life imprisonment and acquitted 19 others of the Rajiv assassination case as well as charges under Terrorist and Disruptive Activities (Prevention) Act (TADA). The trial court had convicted and awarded death penalty to all 26 accused.

The four condemned prisoners in their review petition moved through advocate V Ramasubramaniam pleaded that as the apex court has held that the killing of Rajiv was due to personal animosity not amounting to a terrorist act, the case could be regarded as an ordinary murder case not falling in the category of `rarest of rare case' in whichevent the court would not award death penalty.

The petitioners pleaded that they could not be branded as `a menace to the society' as after achieving their objective (of killing Rajiv) they did not indulge in any crime or terrorist activities.