- In a very significant development, in the case of AG Perarivalan vs State of Tamil Nadu the Hon’ble SC has granted bail to the Rajiv Gandhi assasination case convict Perarivalan, who has moved the Apex Court seeking a remission of his sentence.
- The Bench of Justices Nageswara Rao and BR Gavai noted that Perarivalan had undergone 32 years of his life sentence. He had been released on parole thrice this year. The Court was of the opinion that Perarivalan had spent nearly 30 years in jail and that he is entitled to be released on bail.
- Perarivalan was convicted and sentenced to death when he was just 19 years old for his role in making the bomb which was responsible for the death of Late PM Rajiv Gandhi. The Hon’ble Apex Court in 2014 had commuted his death penalty to life imprisonment due to delay in deciding his mercy pleas.
- Perarivalan had applied to the Governor of Tamil Nadu requesting a pardon in December, 2015.in September 2018, the Apex Court asked the Governor to decide the pardon plea as he deemed fit. Three days after this, the Governor was recommended by the Tamil Nadu Government to remit Perarivalan’s sentence and release him forthwith, but the Governor hasn't decided on the same yet.
- It is the Governor’s contention that the President is the competent authority to decide upon the grant of remission, despite the Central Bureau of Investigation informing the Apex Court that the Governor is a competent authority to decide on the remission plea.
- The Additional Solicitor General KM Nataraj appearing for the Centre had strongly opposed the grant of bail. It was argued that Perarivalan had already availed of the benefit of mercy petition and his death penalty had already been commuted to life by the Apex Court in 2014 keeping in view the delay in deciding his mercy petition.
- The Additional Solicitor General also referred to the decision of the Apex Court in Sriharan Case of 2015 to argue that under section 432(7) of CrPC, the appropriate authority to decide the pardon is the Central Government as the offence is under a law to which the executive power of the State extends.
- Senior Advocate Gopal Shankaranarayanan appearing for Perarivalan has submitted before the Apex Court that the ‘larger issue’ raised by the Centre was just a sham and the governments and the Governor have just been changing their stance throughout the case. The Centre had taken a stance that the MDMA is probing the ‘larger conspiracy’ behind the assasination of Rajiv Gandhi, and called the same a bogus plea.
- It was also pointed out by the petitioners that Gopal Godse, one of the accused in the Mahatma Gandhi assasination case was also released after 14 years, after his life sentence was remitted. In this case, however, the petitioner had languished in jail for 32 long years.
- The Apex Court, while granting bail, also said that Perarivalan would have to report to the local police at Jolarpettai during the first week of each month. The petition has been kept pending to decide the larger issue relating to deciding the appropriate authority for the grant of remission, the Governor or the President.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
