As the nation observed the 70th death anniversary of Mahatma Gandhi today, a claim was made in the Supreme Court that the conspirators were hanged even before the murder trial had attained legal finality from the top court.

The apex court, which is seized of a public interest litigation seeking re-investigation into Gandhi's assassination, has been told that the two conspirators -- Nathuram Godse and Narayan Dattatraya Apte -- were hanged on November 15, 1949, 71 days before the Supreme Court of India came into existence on January 26, 1950.

In an affidavit, Mumbai-based Dr Pankaj Phadnis, a trustee of charitable trust Abhinav Bharat, has countered the report of senior advocate Amarender Sharan, who is an amicus curiae in the matter, has not supported his plea to reopen the investigation into Gandhi's death.

Gandhi was shot dead on January 30, 1948 at Birla House in Lutyens' Delhi.

The petitioner said both Godse and Apte were hanged after the high court of East Punjab confirmed their death sentences on June 21, 1949.

But the privy council did not grant permission to their families to file an appeal on the ground that it would not have been decided before January 26, 1950 when the Indian Supreme Court was to be born, he claimed.

Phadnis, in his reply to the report of the amicus curiae, referred to lawyer Rajan Jayakar, who studied the original records of the trial while curating an exhibition to mark the Supreme Court of India's golden jubilee in 2000.

During the British rule, Privy Council was the highest court of appeal in India, which was later known as the Federal Court of Appeal.

Phadnis said 'on October 26, 1949, the Privy Council did not grant leave (permission to file the petition) to the families of the accused, including Godse, who had filed the SLP.

Thus, the Mumbai-based researcher claimed that 'Gandhi murder trial has not yet attained legal finality'.  -- PTI