Pinnacle court asks union to clarify position on release of Perarivalan Rajiv Gandhi assassination

27-04-2022

The Apex court bench on Wednesday questioned why the court shouldn't release the convict, and observed that the problem was caught between who should decide his release.

The Supreme Court on Wednesday asked the Central government to clarify its position with regards to the discharge of AG Perarivalan, one amongst the seven people convicted within the assassination of former Prime Minister Rajiv Gandhi. 

The bench headed by Justice L Nageshwar Rao on Wednesday questioned why the court shouldn't release the convict, and observed that the difficulty was caught between who should decide his release.

During the hearing, the state counsel apprised that also no decision had been taken by the Governor, who had referred the touch the President. 

To this, the apex court asked the Centre whether the State Governor has the facility to send the advice sent by the State Cabinet to the President without taking a choice. While noting that the choice lay with the govt and not the governor, the highest court observed that the latter had no individual role to own his own view against the cupboard clear.

SC Grants bail to convict Perarivalan

On March 9, the Supreme Court granted bail to AG Perarivalan on the grounds that the convict had already served the last 32 years in jail. The bail was granted by a bench comprising Justice L Nageswara Rao and Justice BR Gavai. The court noted that they need considered that the accused has spent the past three decades in prison and is entitled to be released on a bail. 

The bail order was vehemently opposed by the Centre within the court. before this, AG Perarivalan had been granted parole twice last year. In July 2021, his parole was further extended by a month at the request of Madras Chief Minister MK Stalin.

On 21 May 1991, former Prime Minister and Congress leader Rajiv Gandhi was assassinated by a Liberation Tigers of Tamil Eelam (LTTE) terrorist when he was campaigning for the party at Sriperumpudur. 

AG Perarivalan was arrested on 11 June 1991 and was convicted of procuring a 9-volt battery for the device. V Sriharan alias Murugan, his wife Nalini, AG Perarivalan, Santhan, Jayakumar, P Ravichandran, and Robert Payas were the seven individuals convicted for Rajiv Gandhi's killing.