Despite opposition by Centre, SC grants bail to Rajiv Gandhi assassination convict
Darpan News Desk IANS, 09 Mar, 2022 12:05 PM
New Delhi, March 9 (IANS) The Supreme Court on Wednesday granted bail to A.G. Perarivalan convicted for the assissination of former Prime Minister Rajiv Gandhi, noting that he has already spent more than 30 years behind the bar.
A bench comprising Justices L. Nageswara Rao and B.R. Gavai said: "Taking into account, the appellant has spent more than 30 years of incarceration, he is entitled to be released on bail despite vehement opposition of the Additional Solicitor General (representing the Centre), the appellant is directed to be released on bail."
During the hearing, the bench noted that the decision on Perarivalan's mercy petition had been delayed, and he had already undergone more than 30 years of imprisonment. The bench queried Additional Solicitor General K.M. Nataraj, what is the role of the Governor in sending the remission plea to the President? Does the Governor have any independent discretion in a decision taken by the state cabinet? The bench noted that there is sufficient material on record in connection with his conduct during the imprisonment, along with his educational qualifications.
In February, last year, the Union Ministry of Home Affairs had informed the Supreme Court that the Tamil Nadu Governor has recorded that the President of India is the competent authority to deal with pardon plea of A.G. Perarivalan, one of the convicts in Rajiv Gandhi assassination case.
In 2014, the top court had commuted his death penalty to life imprisonment on the ground of delay in deciding their mercy petitions. Perarivalan was sentenced to death for aiding in making the bomb, which killed Rajiv Gandhi.
On various occasions, the Supreme Court had expressed its dissatisfaction over the pendency of the pardon plea of Perarivalan for over two years with the Tamil Nadu Governor. Perarivalan had moved the top court seeking premature release and remit of his sentence. He had also cited the recommendation made by the state government in 2018 for his release.
The incident took place on Tuesday during a demonstration by the BJP in front of the Aam Aadmi Party (AAP) leader's official residence over the Delhi Disaster Management Authority's (DDMA) order restricting celebration of Chhath Puja in the national capital.
The minister and his son are accused in the October 3 incident in which nine persons, including four farmers, were mowed down by SUVs. The minister's son Ashish Mishra has already been arrested.
It's likely that Sidhu will put forth the list of demands in the Punjab government as he is upset with the appointments in the government. He has resigned from the post of state president, but it has not been accepted yet by Sonia Gandhi. The meeting gains significance as it comes ahead of the CWC meeting.
The civil secretariat houses the top offices of the government, including those of the Lt. Governor Manoj Sinha and his advisors. Police tried to intervene to restrain the mourners from carrying out the sit-in outside the civil secretariat.
"My son will go to the police tomorrow and assist the probe. He has not escaped anywhere," Mishra said on his arrival in Lucknow. He said that his son was very much in their house in Lakhimpur.
Punjab Congress President Navjot Singh Sidhu on Friday proceeded on indefinite fast in support of his demand for action against Ashish Mishra, the son of Union Minister Ajay Mishra and main accused in Sunday's violence in which nine persons, including four farmers, were killed.
