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 case was assigned to the division bench of Justices A.G. Masih and Ashok Kumar Verma. Earlier, the case was being heard by the bench of Justices Rajan Gupta and Ajay Tewari but the latter recused himself from hearing the case on September 1.
Furnishing details about the incident, Additional DCP-2 Nishant Gupta told IANS that they had received information about a firing incident in the northeast Delhi area on October 1.
The activists of Punjab Congress will walk towards Lakhimpur Kheri in Uttar Pradesh if Priyanka Gandhi is not released and the Union Minister's son accused of murder not arrested, said state party President Navjot Sidhu on Tuesday.
Referring to police action against protesting farmers in Congress-ruled Rajasthan, the BJP leader said, "Congress leaders who are very keen to visit Lakhimpur Kheri have not uttered a single word against police lathicharge on farmers in Hanumangarh, Rajasthan."
Comparisons are on in social media whether this arrest could change the Congress fortunes as after Indira Gandhi's arrest and later in the election in 1980 the Congress returned with a thumping majority.
