Rajiv Assassination: Supreme Court Unhappy Over the Delay of Parole for Rajiv Killer, TN Governor Sitting on File for Over 2 Years
Judicial Quest News Network)
A bench comprising of Justices L Nageshwar Rao, Ajay Rastogi and Hemant Gupta while hearing the parole case of one of Rajiv Gandhi Assassination convict AG Perarivalan today, voiced dissatisfaction over the enormous delay in clearing the file sent to the governor for his consent or disapproval of the prayer or remission.
The Court was informed that the matter before Governor Banwarilal Purohit was that of a “Larger Conspiracy,” and that he was “awaiting a report from the CBI.”.
The bench asked the Additional Advocate General fro Tamil Nadu Balaji Srinivasan to find out why the Governor has not decided on the recommendation of the state government.
While answering Srinivasan informed to the Supreme Court that the council of ministers for the State of Tamil Nadu has recommended to his Excellency Governor of Tamil Nadu that remission be granted, and the petitioner be released forthwith.Howevr, it seems that neither the decision/recommendation the Hon’ble Council of Ministers nor the order dated 06-09-2018 passed by this Court has been honored for two years. Not any intimations were given to the petitioner herein regarding the status of the 161 petitions despite filing of RTI applications, the reply given to the petitioner is “As the matter is udder consideration of the appropriate authority and final orders are yet to be passed on the same.
The Court said “We don’t want exercise jurisdiction, but we are not happy with how the recommendation has been pending before the Governor for the two years “
Appearing for the petitioner Senior Advocate Gopal Sankaranarayan contended that in the Nilofer Nisha Case, related to the same remission notification, the Court exercised its powers under Artcle 142 of the Constitution to release the prisoners’.
For Peerarivalan case, there is a precedent, In the September, considering multiple co-morbid illnesses of the convict and high chances of getting COVID-19 infection in the prison, the Madras High Court had directed the concerned authorities to grant 30 days leave to T. Arputham, another convict in the Rajiv Gandhi Assassination.
Justice Rao said: “We want the Governor to pass orders, inform us what can be done in such situation where the governor make such situations where the governor makes such recommendations, what is it the court can do in such cases.
The Court has also asked the counsel to submit cases and points of law to show how the Supreme Court can give directions to the Governor.
Justice Rao referred to the 2014, judgement in the Sharughan Chauhan Case
Wherein the Supreme Court held that mercy petitions have to be decided in a time-bound manner. He also cited a case where the Governor had been asked to take decisions concerning the Assembly.
Additional Solicitor General of India KN Nataraj told the Court that the investigation on the angle of al larger conspiracy was spread over the United Kingdom and Sri Lanka, and that the Central Bureau of Investigation) CBI) was waiting for replies to its letters rogatory.
Justice Rao Ten Asked
“Larger Conspiracy probe is pending for 20 years and going, Still, you are at the stage of getting replies of rogatory letters from UK etc.?”
The petitioner was 19 years old when was handed over to the CBI by his mother. Since then he has been incarcerated for about 30 years, out of which 29 years in solitary confinement. Out of these 30 years he has been out under the hangman’s noose for about 16 years, each and every second continuously traumatized with death row syndrome, for living life in the fringe of uncertainty between life and death, hope and despair, due to the conundrum capsizing his existence every next minute as to whether he will be spared or hanged.
After 20 years of death row the Supreme Court commuted Perarivalan’s death penalty to life imprisonment in February 2014. In September 2018, the Government of Tamil Nadu announced its decision to release him along with six other convicts
