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<p id="1">GoI&rsquo;s review petition against the early release of six Rajiv Gandhi assassination convicts accords the Supreme Court an opportunity to correct a mistake. A former PM&rsquo;s assassination, via a conspiracy hatched by a foreign terror outfit, is no ordinary case. Few democracies will allow such convicts to walk free. SC granted them parity with the seventh convict AG Perarivalan, released in May. But this rarest of rare case was examined too narrowly.</p>
<p id="2">State governments routinely grant remission of sentences to life convicts for political reasons. Tamil Nadu&rsquo;s 2018 resolution granting&nbsp;remission (which the governor first stonewalled and then referred to the President) was a political decision. So was Gujarat government&rsquo;s decision granting remission to Bilkis Bano convicts, despite guidelines excluding gangrape-murder convicts. When it released Perarivalan, SC was performing judicial review of an executive decision, ruling that a state cabinet&rsquo;s remission decision is binding, and that the governor cannot keep it&nbsp;pending, or refer a Section 302 IPC case to the President.</p>
<p>With GoI&rsquo;s review petition, SC must exercise its power of judicial&nbsp;review on another executive decision, namely whether TN cabinet recommending remission was correct. Two of SC&rsquo;s five guidelines for granting remission (Laxman Naskar case) framed in 2000 stipulate examining &ldquo;whether offence is an individual act of crime without affecting society at large&rdquo; and &ldquo;whether there&rsquo;s any chance of future recurrence of committing crime&rdquo;. SC&rsquo;s review should be based on these two principles. The Rajiv assassination was no individual act of crime; foreign subversives are still out there aiming to violently disrupt India&rsquo;s polity. What message are we sending out?</p>
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