Khushi Doshi
Published on: March 10, 2022 at 11:23 IST
The Supreme Court Granted Bail to Rajiv Gandhi’s Assassination Convict AG Perarivalan on Wednesday. The Supreme Court has been deliberating whether to Grant Bail to Perarivalan because the Governor was yet to Rule on his Petition for release from Prison.
In its Order granting him Bail, the Bench presided over by Justice L Nageswara Rao stated:
“Since he has already served his sentence for more than 30 years, we are of the considered opinion that he is Entitled to Bail, despite the Vehement opposition of Additional Solicitor General K M Nataraj,”
The Bench, which also included Justice B R Gavai, noted that there is no disagreement about Perarivalan having served 32 years in Prison and that the Court was notified he had been released on Parole twice previously with no problems.
In response to his Petition, the Centre stated that the President was the proper authority to decide Perarivalan’s request.
“In the case of offences to which the Union’s Executive Power Extends, it is the Centre’s Right to Decide on a Plea for Release,” it said.
It also argued that Perarivalan had already reaped the Benefit of a Death Sentence reduction to Life Imprisonment by citing a delay in deciding his Mercy Plea, and that he could not reap the benefit again by citing another delay.
Perarivalan, who was imprisoned in the Case at the age of 19, was sentenced to death in May 1999. He was charged with acquiring the 9-volt battery used to detonate the belt bomb that killed former Prime Minister Rajiv Gandhi.
During the lengthy pendency of their Mercy Petitions, his sentence and that of two others, Murugan and Santhan (both Sri Lankans), were commuted to life in prison in 2014. Soon after, the AIADMK Government in Tamil Nadu ruled in favor of all seven of the Case’s convicts.
Supreme Court said, “In view of the stand taken by the Union of India that the State Government does not have the Power to Entertain the application especially after the sentence of Death imposed on the has been reduced to life, the matter will have to be decided finally”.
It further said that “Sufficient material has been produced by the applicant to prove his conduct during the Long Incarceration, Acquisition of Degrees and Ill Health.”
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