Files in the drawer !!

The recent ruling by the Supreme Court of India on commuting the death sentence of Murugan, Santhan and Perarivalan has created a wide array of arguments. This article is not to discuss about the nuances of the law, emotional reactions, social implications or political loss\gains. I would like to point out something which is a kiddish argument in this episode, which portrays the lackluster scene of a government office/officer.

FYI, the timeline on Rajiv Gandhi Assassination case-

May 21, 1991- Rajiv Gandhi assassinated.

May 20, 1992- CBI files chargesheet in the Special Court on 26 persons (This includes Nalini, Murugan, Santhan & Perarivalan).

Jan 28, 1998- The Special Court awards death sentence to all 26 persons.

May 11, 1999- Supreme Court reduced death to life sentence for 19, while sentencing Nalini, Murugan, Santhan & Perarivalan.

Oct 17, 1999- The four death row convicts send mercy petitions to the then Tamil Nadu Governor Fathima Beevi.

Oct 27, 1999- TN Governor rejects the mercy petitions without obtaining TN state cabinet’s views.

Nov 25, 1999- Madras High Court defeats TN Governor's rejection of mercy petitions. It directs the Governor to pass a fresh order after obtaining the state Cabinet's views.

Apr 19, 2000- State Cabinet chaired by then Chief Minister M Karunanidhi decides to recommend commuting the death sentence of Nalini alone.

Apr 21, 2000- TN Governor accepts Cabinet decision to commute death sentence of Nalini.

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Apr 28, 2000- TN State government forwards mercy petitions of Santhan, Murugan and Perarivalan to the then President KR Narayanan via Union Home Ministry (BJP led NDA).

Jun 21, 2005- Union Home Ministry (Congress led UPA) submits the mercy petitions to the then President Abdul Kalam  for consideration.

Aug 12, 2011- Union Home Ministry communicates to state Government about President's (Prathibha Patel) decision to reject mercy petitions.

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Aug 26, 2011- Execution of three convicts fixed for September 9, 2011.

Aug 30, 2011- Tamil Nadu Assembly (AIADMK govt.) adopts resolution urging the President to commute the death sentence of the three.

Aug 30, 2011- Madras High Court stays execution of Santhan, Murugan and Perarivalan on their plea. Petitions transferred to Supreme Court later.

May 1, 2012- Supreme Court says it would hear the petitions of three convicts.

Feb 18, 2014- Supreme Court commutes the death sentence on grounds of delay in disposing their mercy pleas. The court also says the appropriate government may consider releasing the convicts under their constitutional powers.

Feb 19, 2014- TN State Cabinet decides to release Santhan, Murugan, Perarivalan, Nalini, Robert Pious, Jayakumar and Ravichandran. It then sends its decision to Centre. 

If you look at the above timeline, there is a delay in 10 Years & 9 Months - 5 Years 1 Month with the Home Ministry and 5 Years 8 Months with President. Being a highest constitutional authority, the delay by President cannot be questioned. But when we look into reason why the Home Ministry sat on it for such a long time (5 Year and 1 Month) is laughable. This shows the sorry state of our bureaucracy.

The Reason-

…..shortly after the receipt of the mercy petitions in 2000, a note was prepared but thereafter the file was lying in the drawer of some officer of the Ministry of Home Affairs, and, hence, could not be processed.

You can find the above reason mentioned in the Feb 18, 2014 Supreme Court judgment. 

Check the page 9 in this link http://judis.nic.in/supremecourt/imgs1.aspx?filename=41228

Image sourced from - Ministry of External Affairs - www.mea.gov.in