Tamil Nadu chief minister, Jayalalithaa, stated Monday that India's President alone had the power to grant clemency to the 3 Tamils, sentenced to death for their alleged part in the assassination of Rajiv Gandhi.
Responding to the growing calls from across the political spectrum urging the chief minister to intervene, Jayalalithaa rejected the notion that Article 161 of the Indian constitution gave any such powers to the State government or chief minister.
"I don't have any power to alter the Presidential order rejecting the mercy petitions of the three -- Murugan, Perarivalan and Santhan, " she told the Tamil Nadu Assembly.
Quoting directly from a Home Ministry directive, Jayalalithaa stated:
"However, if there is a change of circumstances or if any new material is available, the condemned person himself or anyone on his behalf may make a fresh application to the President for reconsideration of the earlier order."
"Once the President has rejected a mercy petition, all future applications in this behalf should be addressed to and would be dealt with by the President."
Jayalalithaa's remarks come at a time of increasing grassroots activism within the state of Tamil Nadu, against the execution of the three accused.
A young Tamil woman, Senkodi aged 27, immolated herself on Monday, outside a government office in Kanchipuram. She died on the way to hospital. In a letter Senkodi expressed hope that her death may save the three on death row and urged Jayalalithaa to intervene.
The 3 Tamils are scheduled to be hanged on 9th September 2011, amidst worldwide outrage at India's use of the death penalty and longstanding concerns at the reliability and justice surrounding the trial and investigation of the three accused.
See 'Renewed calls against death sentences in Rajiv Gandhi case'
See online petition.
