Hindustan Times (Chandigarh)

SC orders release of Rajiv killing convict

- Abraham Thomas letters@hindustant­imes.com

NEW DELHI: The Supreme Court on Wednesday ordered the release of AG Perarivala­n, one of the convicts in the Rajiv Gandhi assassinat­ion case, who was arrested at the age of 19 years in June 1991 and spent over 31 years in jail as part of his life sentence.

A three-judge bench headed by justice L Nageswara Rao said, “We direct that the appellant (Perarivala­n) is deemed to have served the sentence in connection with Crime No. 329 of 1991 (pertaining to the assassinat­ion case). The appellant, who is on bail (since March 9 this year), is set at liberty forthwith.” Perarivala­n approached the court in 2016 after he had filed a mercy petition before the Tamil Nadu governor in December 2015 seeking remission under Article 161. In September 2018, the Tamil Nadu government recommende­d his release but the governor did not act on the recommenda­tion. Instead, on January 25, 2021, the governor referred the matter to the President. These decisions were challenged by Perarivala­n and supported by the Tamil Nadu government which felt such an exercise of power by the governor was unconstitu­tional.

After the verdict, Perarivala­m’s relatives gathered at his residence in Jolarpetta­i, 200km from Chennai. “I have just come out. It has been 31 years of legal battle. I have to breathe a bit. Give me some time,” was quoted as saying by news agency PTI when he was asked about his future plans. DMK chief and Tamil Nadu chief minister M K Stalin said the verdict could find a place in the “justice-law-political-administra­tive history”.

The Congress expressed pain and disappoint­ment over the release. Congress spokespers­on Randeep Surjewala said that it is condemnabl­e and very unfortunat­e that the assassin of a former PM has been released.

The outcome in this case means that the other accused in the case V Sriharan alias Murugan, T Suthendrar­aja alias Santhan, Jayakumar, Robert Payas, P Ravichanda­ran and Nalini

will also benefit similarly as the state government in September 2018 recommende­d to release them all. The bench, also comprising justices BR Gavai and AS Bopanna said, “Given that his petition under Article 161 remained pending for two-anda-half years following the recommenda­tion of the State Cabinet for remission of his sentence and continues to remain pending for over a year since the reference by the Governor, we do not consider it appropriat­e to remand the matter for the Governor’s considerat­ion.” In addition to the delay, the court took into considerat­ion Perarivala­n’s prolonged incarcerat­ion,

his satisfacto­ry conduct in jail as well as during parole, chronic ailments borne out from his medical records, his educationa­l qualificat­ions acquired during incarcerat­ion for exercising its powers under Article 142 to do complete justice in a given case.

It said, “In the absence of any other disqualifi­cation and in the exceptiona­l facts and circumstan­ces of this case, in exercise of our power under Article 142 of the Constituti­on, we direct that the appellant is deemed to have served the sentence… The appellant, who is on bail, is set at liberty forthwith.”

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