Restraining the Tamil Nadu government from releasing seven prisoners who were convicted for assasinating former Prime Minister Rajiv Gandhi, the Supreme Court today directed the state to maintain status quo on the issue. The apex court observed, there have been procedural lapses by the Tamil Nadu government in its decision to release the seven convicts. The Bench said, though the government has power to remit sentence, it has to follow the laid down procedure.

The court issued notice to Tamil Nadu government asking it to file reply within two weeks and posted the case for hearing on March 6. The seven convicts were also issued notice.

Earlier, seeking a stay on Tamil Nadu government’s decision, the Centre moved the Supreme Court which agreed to give an urgent hearing. Appearing before a Bench headed by Chief Justice P Sathasivam, Solicitor General Mohan Parasaran pleaded for a stay saying the state government should not be allowed to release the prisoners till the apex court decided its review petition challenging commutation of death sentence of three condemned prisoners to life imprisonment on ground of delay in deciding mercy petitions.

The Jayalalithaa government had yesterday decided to set free all seven convicts in the assassination case after the apex court had commuted the death penalty of three of them to life imprisonment.

The Centre has asked the Tamil Nadu government not to release seven convicts in the Rajiv Gandhi assassination case. Official sources said that in a communication to the Tamil Nadu Government , the Home Ministry today conveyed that the accused were prosecuted under central laws like TADA and Arms Act and hence prior consultation with the Centre is necessary before taking such a decision.

Citing Section 435 of CrPC under which the State government sought to remit the sentence, the Ministry said, that as per law, the powers shall not be exercised by the state government except after consultation with the centre. The ministry said whenever an investigation is done under central laws, the views of the central government prevail in case of giving remittance. It also said the decision to set free the seven convicts in the sensational case is against all principles of justice and legally not tenable.