New Delhi, January 21
Tamil Nadu Governor Banwarilal Purohit will decide in three to four days on the state government’s 2018 recommendation to grant remission to AG Perarivalan, who is serving life term in Rajiv Gandhi assassination case, the Supreme Court was informed on Thursday.
A bench of Justices L Nageswara Rao, S Abdul Nazeer and Indu Malhotra, hearing a plea of the 46-year-old convict seeking suspension of his life sentence in the case till the MDMA probe is completed, posted the matter for further hearing after four weeks.
Solicitor General Tushar Mehta said although Assistant Solicitor General KM Nataraj was appearing for the Centre in this matter, he had received instructions to inform the court that a decision in the matter would be taken in three to four days.
The bench said it was good that the Governor was deciding the issue and had the decision been taken earlier, it could saved the court lot of efforts.
Mehta regretted for approaching the court late.
The bench then asked senior advocate Gopal Shankarnaryanan, appearing for Perarivalan, whether this arrangement was acceptable to him or not.
Shankarnarayanan said it was good that a competent authority was taking a decision but requested the court to keep the plea pending, in case the decision was not acceptable to them.
Advocate Balaji Srinivasan was appearing for the state government in the case.
The bench recorded the submission of Mehta and then posted the matter for further hearing after four weeks.
The state government had earlier told the top court that the Cabinet has already passed a resolution on September 9, 2018, and recommended to the Governor for the premature release of all seven convicts in the case.
Besides Perarivalan, other six convicts sentenced to life imprisonment include Nalini Sriharan and her husband Murugan, and Santhan, Jayakumar, Ravichandran and Robert Pyas.
All seven were convicted by a special TADA court for their role in the assassination of former prime minister Rajiv Gandhi on May 21, 1991, during an election rally at nearby Sriperumbudur and sentenced to death but later it was commuted to life imprisonment.
Earlier on November 27, 2020, the top court had extended the parole of Perarivalan by one week and directed the state to provide escort to him while visiting the doctor.
Perarivalan was first granted parole from November 9 to 23, 2002, by the Madras High Court on medical grounds, which was extended by the top court after he had submitted that he had 25 per cent blockage in kidney and needed surgical intervention.
The CBI, in its affidavit of November 20, 2020, has told the Apex Court that the Tamil Nadu Governor had to take a call on grant of remission to Perarivalan.
The probe agency has said Perarivalan was not the subject matter of further investigation carried out by the CBI-led Multi-Disciplinary Monitoring Agency (MDMA) which is conducting a probe on the aspect of “larger conspiracy” as per the mandate of the Jain Commission report.
On November 3, 2020, the top court had expressed unhappiness over the pendency of a plea by a convict seeking pardon in the case for over two years with the Tamil Nadu Governor.
The CBI, in its 24-page affidavit, said: “It is for the His Excellency Governor of Tamil Nadu to take a call on the issue whether remission is to be granted or not and in so far as relief is concerned in the present matter CBI has no role.”
Perarivalan’s counsel had earlier said his role was only limited to procuring nine-volt batteries, which were allegedly used in the improvised explosive device (IED) that had killed Gandhi.
The top court had earlier dismissed a plea of Perarivalan seeking recall of the May 11, 1999, verdict upholding his conviction, saying the material brought on record does not inspire confidence to interfere with the verdict in which he and three others were initially awarded the death sentence, later commuted to life term.
Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally. As many as 14 others, including Dhanu herself, were also killed.
In its May 1999 order, the top court had upheld the death sentence of four convicts — Perarivalan, Murugan, Santham and Nalini.
In April 2000, the then Tamil Nadu governor had commuted the death sentence of Nalini on the basis of the state government’s recommendation and an appeal by former Congress president and Rajiv Gandhi’s widow Sonia Gandhi.
On February 18, 2014, the top court had commuted the death sentence of Perarivalan to life imprisonment, along with that of two other prisoners — Santhan and Murugan — on the grounds of an 11-year delay in deciding their mercy pleas by the Centre. PTI