Rajiv Gandhi assassination case: Supreme Court asks Tamil Nadu Governor to consider AG Perarivalan's mercy plea
NEW DELHI: The Supreme Court on Thursday requested the Tamil Nadu Governor to imagine the mercy petition of AG Perarivalan, a convict in the 1991 Rajiv Gandhi assassination case.
A bench of Justices Ranjan Gogoi, Naveen Sinha and KM Joseph disposed of the Centre's petition regarding an offer for the release of the convicts, filed by way of the Tamil Nadu govt.
The Centre had on August 10 informed the apex court that it does now not concur with the Tamil Nadu govt's proposal to liberate the seven convicts in the Rajiv Gandhi assassination case, saying remission of their sentence will set a "dangerous precedent" and have "international ramifications".
On August 20, 47-year old Perarivalan alias Arivu had informed the apex court that no decision has been taken as but on his mercy petition filed sooner than the Tamil Nadu Governor over two years ago. He was once charged with supplying a 9-volt battery which was once allegedly used for the belt bomb that had killed Gandhi and 14 others.
Rajiv Gandhi was once assassinated on the night time of May 21, 1991 at Sriperumbudur in Tamil Nadu by way of a woman suicide bomber, known as Dhanu, at an election rally. Fourteen others, including Dhanu herself, have been also killed.
This was once perhaps the primary case of suicide bombing which had claimed the life of a high-profile global leader.
Perarivalan, who is among the seven convicts in the case, had mentioned that he had filed the mercy petition looking for remission or pardon from the Governor under Article 161 of the Constitution.
He had filed the mercy petition on December 30, 2015, saying he has suffered more than 24 years of solitary/unmarried confinement.
"As per jail rules, life imprisonment at ground level is only for a maximum of 20 years and thereafter the prisoner is considered for release. Now I have already undergone more than life imprisonment," his letter had mentioned.
He had also claimed that the probe was once now not full-fledged and was once incomplete and partial. "The main culprits who designed the bomb made of RDX were not nabbed till date. They are scot-free and investigation is still pending into the vital aspects of the crime itself," he had mentioned in his letter to the Governor.
"The price sheet of the CBI (Multi-Disciplinary Monitoring Authority -MDMA), which was once constituted pursuant to the Jain Commission record for further investigation of overseas hand in the assassination of Rajiv Gandhi, continues to be pending and the true conspirators are but to be discovered.
"There will likely be no justification in conserving me behind bars even after 25 years of exact punishment when the investigation is itself pending", Perarivalan's letter mentioned, giving a detailed define of the case against him for looking for pardon of his sentence from the Governor.
Convicts Perarivalan, V Sriharan alias Murugan, T Suthendraraja alias Santham, Jayakumar, Robert Payas, P Ravichandaran and Nalini had been in prison for 25 years.
On August 10, the Centre, whilst conserving that it does now not concur with the Tamil Nadu govt's proposal to liberate the seven convicts, had mentioned the case involved the assassination of a former top minister in a brutal means in pursuance of a "diabolical" plot carefully conceived and done by way of a overseas terrorist organisation.
On January 23, the apex court had requested the Centre to take a decision inside 3 months on a 2016 letter of the Tamil Nadu govt written on March 2, 2016, looking for its concurrence on freeing the seven convicts.
The apex court had on February 18, 2014, commuted the loss of life sentence of three convicts - Murugan, Santhan and Perarivalan - citing inordinate prolong by way of the chief in deciding their mercy plea.
After Gandhi's assassination on May 21, 1991, the probe was once transferred to a Special Investigation Team of the CBI on the request of the Tamil Nadu govt.
The SIT had named 41 accused in its price sheet - including 12, who died in the blast and three who have been absconding - sooner than a TADA court in Chennai. The prolonged trial culminated in 1998, when the TADA court sentenced 26 of the accused to loss of life.
In May 1999, the apex court had upheld the loss of life sentence of four, including Murugan, Santham, Perarivalan and Nalini, commuted the loss of life sentence of three to lifestyles, and freed the rest 19.
In April 2000, the Tamil Nadu Governor had commuted the loss of life sentence of Nalini on the basis of state govt's recommendation and an appeal by way of Rajiv's spouse and then Congress President Sonia Gandhi.
The loss of life sentence of last 3 convicts have been commuted in February 2014 by way of the apex court on the ground of inordinate prolong of 11 years in deciding the mercy petitions.
A bench of Justices Ranjan Gogoi, Naveen Sinha and KM Joseph disposed of the Centre's petition regarding an offer for the release of the convicts, filed by way of the Tamil Nadu govt.
The Centre had on August 10 informed the apex court that it does now not concur with the Tamil Nadu govt's proposal to liberate the seven convicts in the Rajiv Gandhi assassination case, saying remission of their sentence will set a "dangerous precedent" and have "international ramifications".
On August 20, 47-year old Perarivalan alias Arivu had informed the apex court that no decision has been taken as but on his mercy petition filed sooner than the Tamil Nadu Governor over two years ago. He was once charged with supplying a 9-volt battery which was once allegedly used for the belt bomb that had killed Gandhi and 14 others.
Rajiv Gandhi was once assassinated on the night time of May 21, 1991 at Sriperumbudur in Tamil Nadu by way of a woman suicide bomber, known as Dhanu, at an election rally. Fourteen others, including Dhanu herself, have been also killed.
This was once perhaps the primary case of suicide bombing which had claimed the life of a high-profile global leader.
Perarivalan, who is among the seven convicts in the case, had mentioned that he had filed the mercy petition looking for remission or pardon from the Governor under Article 161 of the Constitution.
He had filed the mercy petition on December 30, 2015, saying he has suffered more than 24 years of solitary/unmarried confinement.
"As per jail rules, life imprisonment at ground level is only for a maximum of 20 years and thereafter the prisoner is considered for release. Now I have already undergone more than life imprisonment," his letter had mentioned.
He had also claimed that the probe was once now not full-fledged and was once incomplete and partial. "The main culprits who designed the bomb made of RDX were not nabbed till date. They are scot-free and investigation is still pending into the vital aspects of the crime itself," he had mentioned in his letter to the Governor.
"The price sheet of the CBI (Multi-Disciplinary Monitoring Authority -MDMA), which was once constituted pursuant to the Jain Commission record for further investigation of overseas hand in the assassination of Rajiv Gandhi, continues to be pending and the true conspirators are but to be discovered.
"There will likely be no justification in conserving me behind bars even after 25 years of exact punishment when the investigation is itself pending", Perarivalan's letter mentioned, giving a detailed define of the case against him for looking for pardon of his sentence from the Governor.
Convicts Perarivalan, V Sriharan alias Murugan, T Suthendraraja alias Santham, Jayakumar, Robert Payas, P Ravichandaran and Nalini had been in prison for 25 years.
On August 10, the Centre, whilst conserving that it does now not concur with the Tamil Nadu govt's proposal to liberate the seven convicts, had mentioned the case involved the assassination of a former top minister in a brutal means in pursuance of a "diabolical" plot carefully conceived and done by way of a overseas terrorist organisation.
On January 23, the apex court had requested the Centre to take a decision inside 3 months on a 2016 letter of the Tamil Nadu govt written on March 2, 2016, looking for its concurrence on freeing the seven convicts.
The apex court had on February 18, 2014, commuted the loss of life sentence of three convicts - Murugan, Santhan and Perarivalan - citing inordinate prolong by way of the chief in deciding their mercy plea.
After Gandhi's assassination on May 21, 1991, the probe was once transferred to a Special Investigation Team of the CBI on the request of the Tamil Nadu govt.
The SIT had named 41 accused in its price sheet - including 12, who died in the blast and three who have been absconding - sooner than a TADA court in Chennai. The prolonged trial culminated in 1998, when the TADA court sentenced 26 of the accused to loss of life.
In May 1999, the apex court had upheld the loss of life sentence of four, including Murugan, Santham, Perarivalan and Nalini, commuted the loss of life sentence of three to lifestyles, and freed the rest 19.
In April 2000, the Tamil Nadu Governor had commuted the loss of life sentence of Nalini on the basis of state govt's recommendation and an appeal by way of Rajiv's spouse and then Congress President Sonia Gandhi.
The loss of life sentence of last 3 convicts have been commuted in February 2014 by way of the apex court on the ground of inordinate prolong of 11 years in deciding the mercy petitions.
Rajiv Gandhi assassination case: Supreme Court asks Tamil Nadu Governor to consider AG Perarivalan's mercy plea
![Rajiv Gandhi assassination case: Supreme Court asks Tamil Nadu Governor to consider AG Perarivalan's mercy plea]()
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September 06, 2018
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