Stating that the current Sri Lankan conflict may only generate further passion in him,the Tamil Nadu government on Tuesday defended in the Supreme Court its decision not to permit premature release of P R Ravichandran,a convict in the infamous Rajiv Gandhi assassination case. "Crime is grave and the former Prime Minister of the country was killed along with 16 others. The crime was committed in a preplanned manner pursuant to a very cruel conspiracy. The petitioner did the same with known intent. "The current fight between LTTE and Sri Lankan government may again infuse passion in him to act against the law," the DMK government said in an affidavit before a bench of Chief Justice K G Balakrishnan,Justices P Sathasivam and Deepak Verma. The bench directed the petitioner to file his response to the affidavit. One of the key conspirators in the killing of the former Prime Minister,Ravichandran,a LTTE sympathiser facing a life sentence,had sought premature release on par with other life convicts who are being granted remission. "The petitioner was involved in killing of 16 persons who include a former Prime Minister,nine police officers and six private individuals. The killing was pre-planned,a premediated conspiracy successfully executed with active help and assistance and participation of the petitioner," Tamil Nadu said. The convict had cited two orders issued by the government on September 14,2005 (Annadurai's birthday) and May 10,2007 to mark the "golden jubilee" celebrations held by DMK to mark Chief Minister M Karunanidhi's stint in the state assembly to plead for his own premature release. However,the state government rejected Ravichandran's plea and said he cannot be released on par with other convicts as he was involved in a heinous crime which had not only ramifications in the state but also the entire country. The state said the convict has no vested right in seeking parity with other life convicts. "The petitioner who has been sentenced to life imprisonment has no vested right to demand premature release from the prison. Similarly,he cannot also call into question the criteria fixed by the government for not considering cases for premature release since that power exclusively vests with the state government," the affidavit said. Further,the Tamil Nadu government said Ravichandran's case was considered by the Advisory Board of the Home Ministry which took the view that he was not entitled to remission of sentence since he was involved in a heinous crime and did not meet the other stipulations formulated for premature release of convicts. One of the stipulations was that a convict seeking premature release should not be tried under Section 435 CrPC under which a state cannot order premature release of a convict without the concurrence of the Centre as the offence is not only committed against the state but also against the interests of the central government. The Rajiv Gandhi assassination case was investigated by CBI and hence it required the Centre's consent too,the state said. Ravichandran was initially sentenced to death by a designated court at Poonamallee but on an appeal the apex court in 1999 altered the reduced it to life imprisonment. He has so far spent more than 17 years of actual imprisonment.
