RAJIV GANDHI ASSASSINATION CASE (STATE (CBI/SIT) v. NALINI & OTHERS, 1999) A LANDMARK CASE ON CRIMINAL CONSPIRACY AND TERRORISM-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

RAJIV GANDHI ASSASSINATION CASE

(STATE (CBI/SIT) v. NALINI & OTHERS, 1999)

A LANDMARK CASE ON CRIMINAL CONSPIRACY AND TERRORISM-

Tanmoy Mukherji

Advocate

1. Introduction-

→The assassination of former Prime Minister Rajiv Gandhi is one of the most significant criminal conspiracy and terrorism cases in Indian legal history.

→It established important principles on conspiracy, circumstantial evidence, terrorist intent and collective liability.

→This case shook the nation and changed India's approach towards terrorism.

2. Factual Matrix-

Date: 21 May 1991

Time: Around 10:15 PM

Place: Sriperumbudur, Tamil Nadu

Event: Suicide bombing during election rally

Method: Human bomb (Dhanu) detonated explosives

Victim: Shri Rajiv Gandhi

Organization: LTTE (Liberation Tigers of Tamil Eelam)

3. Why Assassination?

→India sent IPKF (Indian Peace Keeping Force) to Sri Lanka (1987).

→IPKF was against LTTE's activities.

→Rajiv Gandhi was held responsible for their sufferings and loss.

MOTIVE: Revenge against Rajiv Gandhi for IPKF actions in Sri Lanka.

4. Conspiracy Structure (Master Diagram)-

5. Investigation at a Glance-

Investigating Agency: CBI - SIT

Arrests: 100+ persons

Charge Sheet: 11,000+ pages

Witnesses Examined: 250+

Documents Seized: 5,000+

Recovery: Explosives, Cyanide capsules, Wireless sets, Photos, Videos, Documents, Diary, SIM cards

6. Legal Provisions Involved-

IPC (Now BNS Equivalent)

→Sec. 120B IPC – Criminal Conspiracy (Sec. 61 BNS)

→Sec. 302 IPC – Murder (Sec. 103 BNS)

→Sec. 307 IPC – Attempt to Murder (Sec. 109 BNS)

→Sec. 109 IPC – Abetment (Sec. 111 BNS)

→Sec. 34 IPC – Common Intention (Sec. 3(5) BNS)

Special Law

TADA – Terrorist and Disruptive Activities (Prevention) Act

7. Core Legal Issues-

→Can conspiracy be proved without direct evidence?

→Whether the act qualifies as a "terrorist act" under TADA?

→What is the scope of vicarious liability of co-conspirators?

→Whether circumstantial evidence can form the sole basis of conviction?

8. Supreme Court Judgment (1999)-

→Trial Court awarded death penalty to 26 accused.

→Supreme Court judgment delivered on 11 May 1999.

→Conviction confirmed for 4 accused.

→Death sentences commuted to life imprisonment.

→Many accused acquitted due to lack of evidence.

→Convicted (4 Main Accused): Nalini, Murugan, Santhan, Perarivalan.

9. Important Legal Principles Laid Down-

→Conspiracy can be inferred from conduct. No written agreement is necessary.

→Circumstantial evidence is sufficient. Complete chain of circumstances can prove guilt.

→Every conspirator is liable for acts of others. (Doctrine of constructive liability)

→Terrorist act requires "terror intent". Not every act of violence automatically attracts TADA.

→Motive is not essential, but relevant. Presence of motive strengthens prosecution.

→Participation, not proximity. Active role or intentional assistance establishes guilt.

10. Circumstantial Evidence Chain-

11. Role of Key Accused-

Accused	Role
Nalini	Local support, provided shelter, assisted in logistics.
Murugan	Core conspirator, coordinated local operations.
Santhan	Logistics, arranged vehicles, travel and stay.
Perarivalan	Technical support, provided electronic devices, wireless sets, batteries.
Dhanu	Suicide bomber who executed the attack.

12. Events-

→Motive (Revenge against India)

→ Planning (Secret agreement by LTTE)

→ Preparation (Training, Logistics, Funding)

→ Execution (21 May 1991 - Suicide Blast)

→ Investigation (CBI - SIT)

→ Trial (TADA Court)

→ Supreme Court Judgment (1999)

→ Sentence → Commutation → Release (2022)

13. Conspiracy vs Abetment-

Conspiracy	Abetment
Agreement between two or more persons.	Instigation, conspiracy or intentional aid.
Essence is the agreement.	Requires act of abetment.
Offence is complete even before the main act (in serious cases).	The main offence must be committed.
Liability of all for the act of one.	Liability is individual.
Usually secret and planned in advance.	May be open or by conduct.

 

14. Important Case Laws (Related)-

15. Later Developments-

→Death sentences of all 4 convicts were commuted to life imprisonment.

→All convicts released on bail and later permanently released by Supreme Court on 18 May 2022.

16.Conclusion-

The Rajiv Gandhi assassination case is a classic example of criminal conspiracy and terrorism. It reaffirmed that:

→Agreement can be inferred from circumstances.

→Circumstantial evidence can be sufficient.

→Collective liability applies in conspiracy.

→Terror intent must be established for TADA.

→A judgment that shaped Indian criminal jurisprudence.

17. Golden Line for Exam

"Criminal conspiracy is hatched in secrecy; hence it is proved through circumstances, not direct evidence."