Supreme Court sets free convict given death in Rajiv assassination case

The Supreme Court on Wednesday shrugged off the Centre’s objections to grant bail to Rajiv Gandhi assassination convict AG Perarivalan.

The top court passed the order taking into account the fact that he had spent over 30 years in jail and his petition for remission of his sentence and premature release was still pending with the President.

“Taking into account the fact that the appellant (Perarivalan) has spent more than 30 years in incarceration, he is entitled to be released on bail. Despite the vehement opposition of the Additional Solicitor General (KM Nataraj), the appellant is directed to be released on bail,” the SC bench said.

The bench comprising Justices L Nageswara Rao and BR Gavai said there was enough material before the court regarding his conduct in jail and also his educational qualifications.

The court noted that he had been released earlier on parole and there had been no complaints about his conduct during that period. He is under parole currently, it said.

“Bail will be subject to conditions laid down by the trial court. He shall report to the CBI officer on the first of every month. For the present, let him report at the local police station.”

The court has been dealing with this issue for a while now. In the first round, the court had in 2014 commuted his death sentence to a life term on the ground of inordinate delay in disposing of his mercy petition.

Perarivalan had subsequently appealed to the state governor for remission of the remaining part of his sentence. This issue has been going back and forth between the state and the central government.

The governor had referred the issue to the President to take a call despite a recommendation by the state cabinet to release Perarivalan. The files are now with the President. The President, being the head of the state, formally signs. But the final decision is taken by the Union Cabinet.

However, no such decision has been taken on this yet though much time has passed, prompting Perarivalan to go to the top court seeking its intervention. In his arguments, Nataraj said the convict had already had his death sentence commuted to life. He cannot have his sentence remitted as the death penalty was converted to a life-term, he argued.

Perarivalan was 19 when he was convicted for his role in making the bomb used to assassinate Rajiv Gandhi.

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