NEW DELHI: The CBI has told the Supreme Court that A G Perarivalan's plea searching for recall of its May 1999 judgement upholding his conviction within the Rajiv Gandhi assassination case will have to be disregarded because it was once devoid of any merits.
In a sworn statement filed within the apex courtroom, the CBI's Multi Disciplinary Monitoring Agency (MDMA), probing the larger conspiracy aspect at the back of Gandhi's assassination, has stated that the function of convict A G Perarivalan within the conspiracy ensuing within the killings of the former top minister and others have already been upheld through the top courtroom.
The company stated that the appliance searching for recall of the May 11, 1999 apex courtroom judgement was once now not maintainable because it seeks to reopen the whole matter on merits which can't be permissible.
The MDMA additionally stated that Perarivalan's petition searching for assessment of the apex courtroom's order upholding his conviction within the case has already been disregarded.
"It's therefore most respectfully prayed that this court may be pleased to dismiss the application for recall of judgement dated May 11, 1999, in the interest of justice and impose heavy cost 0n the applicant (Perarivalan) herein," the company stated in its affidavit.
The affidavit was once filed in pursuance of the apex courtroom's January 24 course asking the CBI to answer Perarivalan's plea searching for recall of the May 1999 order upholding his conviction.
The courtroom had termed as "serious" and "debatable" the questions raised through Perarivalan.
He has sought recall of the apex courtroom's order, saying he was once now not aware of the conspiracy.
Former Prime Minister Rajiv Gandhi was once assassinated on the evening of May 21, 1991 at Sriperumbudur in Tamil Nadu through a girl suicide bomber, known as Dhanu, at a poll rally.
Fourteen others, including Dhanu herself, have been additionally killed.
Gandhi's assassination was once most likely the primary case of suicide bombing which had claimed the lifetime of a high-profile leader.
In its May 1999 order, the top courtroom had upheld the dying sentence of 4 convicts — Perarivalan, Murugan, Santham and Nalini — within the assassination case.
In April 2000, the Tamil Nadu governor commuted the dying sentence of Nalini on the foundation of the state executive's recommendation and an enchantment through former Congress president and Rajiv Gandhi's widow Sonia Gandhi.
On February 18, 2014, the top courtroom had commuted the dying sentence of Perarivalan to lifestyles imprisonment, at the side of that of 2 other prisoners - Santhan and Murugan - on grounds of a prolong of 11 years in deciding their mercy pleas through the Centre.
In his software, 45-year-old Perarivalan has stated that he was once held guilty of supplying two nine-volt batteries which have been allegedly used within the improvised explosive software (IED) that killed Gandhi.
The causes because of which his conviction was once sustained through the apex courtroom would "vanish completely" within the wake of the affidavit through V Thiagarajan, a former CBI officer, it stated.
Thiagarajan, then a superintendent of police of CBI, had recorded Perarivalan's confessional statement beneath the Terrorist and Disruptive Activities (Prevention) Act.
The software claimed that during his affidavit the former CBI officer had stated that Perarivalan had expressly stated in his confessional statement that at the time of purchase of the batteries, he had completely no concept for what function these have been going for use.
While listening to Perarivalan's plea previous, the top courtroom had noticed that the probe through CBI's Multi Disciplinary Monitoring Agency (MDMA) within the greater conspiracy aspect at the back of Gandhi's assassination didn't appear to have accomplished "much headway" and might be "endless".
The MDMA, set up in 1998 on the recommendations of Justice M C Jain Commission of Inquiry which had probed the conspiracy aspect of Gandhi's assassination, is headed through a CBI reliable and accommodates officers from IB, RAW and Revenue Intelligence and other agencies.
In a sworn statement filed within the apex courtroom, the CBI's Multi Disciplinary Monitoring Agency (MDMA), probing the larger conspiracy aspect at the back of Gandhi's assassination, has stated that the function of convict A G Perarivalan within the conspiracy ensuing within the killings of the former top minister and others have already been upheld through the top courtroom.
The company stated that the appliance searching for recall of the May 11, 1999 apex courtroom judgement was once now not maintainable because it seeks to reopen the whole matter on merits which can't be permissible.
The MDMA additionally stated that Perarivalan's petition searching for assessment of the apex courtroom's order upholding his conviction within the case has already been disregarded.
"It's therefore most respectfully prayed that this court may be pleased to dismiss the application for recall of judgement dated May 11, 1999, in the interest of justice and impose heavy cost 0n the applicant (Perarivalan) herein," the company stated in its affidavit.
The affidavit was once filed in pursuance of the apex courtroom's January 24 course asking the CBI to answer Perarivalan's plea searching for recall of the May 1999 order upholding his conviction.
The courtroom had termed as "serious" and "debatable" the questions raised through Perarivalan.
He has sought recall of the apex courtroom's order, saying he was once now not aware of the conspiracy.
Former Prime Minister Rajiv Gandhi was once assassinated on the evening of May 21, 1991 at Sriperumbudur in Tamil Nadu through a girl suicide bomber, known as Dhanu, at a poll rally.
Fourteen others, including Dhanu herself, have been additionally killed.
Gandhi's assassination was once most likely the primary case of suicide bombing which had claimed the lifetime of a high-profile leader.
In its May 1999 order, the top courtroom had upheld the dying sentence of 4 convicts — Perarivalan, Murugan, Santham and Nalini — within the assassination case.
In April 2000, the Tamil Nadu governor commuted the dying sentence of Nalini on the foundation of the state executive's recommendation and an enchantment through former Congress president and Rajiv Gandhi's widow Sonia Gandhi.
On February 18, 2014, the top courtroom had commuted the dying sentence of Perarivalan to lifestyles imprisonment, at the side of that of 2 other prisoners - Santhan and Murugan - on grounds of a prolong of 11 years in deciding their mercy pleas through the Centre.
In his software, 45-year-old Perarivalan has stated that he was once held guilty of supplying two nine-volt batteries which have been allegedly used within the improvised explosive software (IED) that killed Gandhi.
The causes because of which his conviction was once sustained through the apex courtroom would "vanish completely" within the wake of the affidavit through V Thiagarajan, a former CBI officer, it stated.
Thiagarajan, then a superintendent of police of CBI, had recorded Perarivalan's confessional statement beneath the Terrorist and Disruptive Activities (Prevention) Act.
The software claimed that during his affidavit the former CBI officer had stated that Perarivalan had expressly stated in his confessional statement that at the time of purchase of the batteries, he had completely no concept for what function these have been going for use.
While listening to Perarivalan's plea previous, the top courtroom had noticed that the probe through CBI's Multi Disciplinary Monitoring Agency (MDMA) within the greater conspiracy aspect at the back of Gandhi's assassination didn't appear to have accomplished "much headway" and might be "endless".
The MDMA, set up in 1998 on the recommendations of Justice M C Jain Commission of Inquiry which had probed the conspiracy aspect of Gandhi's assassination, is headed through a CBI reliable and accommodates officers from IB, RAW and Revenue Intelligence and other agencies.
Rajiv Gandhi assassination case: CBI seeks dismissal of Perarivalan's plea
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Reviewed by Kailash
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March 12, 2018
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