Rajiv Gandhi assassination convict Perarivalan released after 31 years
The Supreme Court on Wednesday sentenced Perarivalan, one of the perpetrators of the assassination of former Prime Minister Rajiv Gandhi, to 31 years in prison. The verdict will pave the way for the release of six people convicted in the case, including Nalini Sriharan and her Sri Lankan husband Murugan.
"The state cabinet has taken its decision on the basis of relevant considerations. Under Section 142, it is appropriate to acquit the accused," the judges, headed by Justice L Nageshwara Rao, told the special powers of the supreme court.
Speaking shortly after the verdict was announced, Perarivalan said, "Truth and justice were on our side. This would not have happened without the support and love of the people. I firmly believe that the death penalty is not necessary."
Welcoming the verdict, Tamil Nadu Chief Minister MK Stalin said it would occupy a place in the "history of justice-law-politics-administration".
At the age of nineteen, Perarivalan was accused of buying two 9-volt batteries for Sivarasan, a member of the Liberation Tigers of Tamil Eelam (LTTE) who was the mastermind of the assassination. Bomb batteries were used to assassinate Rajiv Gandhi in 1991.
Perarivalan was sentenced to death in 1998 by an anti-terrorism court. The following year, the Supreme Court upheld the sentence but in 2014 commuted it to life imprisonment. In March this year, the Supreme Court granted him bail.
Perarivalan appealed for his immediate release from prison.
Opposing Perarivalan's petition, the Central Government said that the matter had been referred to President Ramnath Govind by the Governor of Tamil Nadu and he had not yet called for it.
The Supreme Court questioned the delay in the matter and the action of the Governor.
The court observed that in this situation the Governor of Tamil Nadu was defined by the choice of the Cabinet to release the seven convicts and pardon them under Article 161 of the Constitution and in this manner could not sit tight to the reaction of the President. Documented in the Office of the President.
At last week's hearing, the federal government challenged the court's argument that only the president has exclusive power in clemency cases.
The court ruled that the grants granted by the governors over the years were unconstitutional.
Congress expressed anguish and frustration over Wednesday's verdict, and blamed the government for creating the "conditions" in court to release the former prime minister's assassin for their "short and cheap politics".
"A terrorist is a terrorist, he should be treated as one. Today, we are deeply saddened and disappointed by the Supreme Court's order ordering the release of Rajiv Gandhi's assassin," said Randeep Surjewala, chief spokesman for Congress.
Former Prime Minister Rajiv Gandhi was assassinated by a suicide bomber on May 21, 1991, during a campaign rally in Sriperumbudur, Tamil Nadu.
7 people were convicted in this case. Although all were sentenced to death, in 2014, the Supreme Court reduced them to life imprisonment, citing the president's delay in deciding on their clemency petitions.
One of them, Nalini Sriharan, was sentenced to life imprisonment in 2000 following the intervention of Rajiv Gandhi's widow Sonia Gandhi, who gave birth to a baby girl while in prison.
Although the Tamil Nadu cabinet headed by J Jayalalithaa and Edappadi K. Palanisamy took steps to release the culprits in 2016 and 2018, successive governors have not complied. After a long delay, they sent it to the President, who is acting only on the advice of the Union Cabinet.
Perarivalan, who had been in solitary confinement for many years, was the one who behaved best in prison. During his long imprisonment, he had many educational qualifications. He also wrote the book.
Many years later, Mr. Thiagarajan, a retired CBI officer, apologized for altering Perarivalan's confession, saying he did not know the purpose of Perarivalan's request to get the batteries.
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