"Arrested At 19, In Jail For 32 Years" : Supreme Court Orders Release Of AG Perarivalan, Convict In Rajiv Gandhi Assassination Case

The Supreme Court on Thursday ordered release of AG Perarivalan, convict in the Rajiv Gandhi assassination case, invoking powers under Article 142 of the Constitution. The Apex Court was of the view that the inordinate delay in deciding Perarivalan's early release plea by the Governor under Article 161 warranted his release. Perarivalan, who had served over 30 years in prison, approached the Court aggrieved by the delay in his release despite a recommendation given by the Tamil Nadu government in 2018 to remit his sentence. The case witnessed a legal dispute as to who is the appropriate authority to decide the remission plea - whether the President or the Governor. In the interregnum, he was enlarged on bail by the Apex Court vide order dated 09.03.2022. A bench comprising Justices L Nageswara Rao, BR Gavai and AS Bopanna observed that the Tamil Nadu State Cabinet took the decision to grant remission to Perarivalan on relevant considerations. The Bench further said that the inordinate delay by the Tamil Nadu governor in exercising his powers under Article 161 of the Constitution can be subject to judicial review. It refused to accept Union Government's submission that the President has exclusive power to grant remission is cases pertaining to Section 302 of the Indian Penal Code, 1860, opining that otherwise, powers of the Governor under Article 161 would be render otiose. The Bench reckoned that the State Government is well-within its authority to aid and advice the Governor in pardon/remission pleas pertaining to cases of murder. "Taking into account the Appellant's prolonged period of incarceration, his satisfactory conduct in jail as well as during parole, chronic ailments from his medical records, his educational qualifications acquired during incarceration and the pendency of his petition under Article 161 for two and a half years after the recommendation of the State Cabinet, we do not consider it fit to remand the matter for the Governor's consideration. In exercise of our power under Article 142 of the Constitution, we direct that the Appellant is deemed to have served the sentence in connection with Crime No. 329 of 1991. The Appellant, who is already on bail, is set at liberty forthwith. His bail bonds are cancelled", the Court stated."The Appellant was 19 years of age at the time of his arrest and has been incarcerated for 32 years, out of which he has spent 16 years on the death row and 29 years in solitary confinement. There has been no complaint relating to his conduct in jail. On the two occasions that the Appellant had been released on parole, there had been no complaint regarding his conduct or breach of any condition of release. Medical records, filed on behalf of the Appellant, show that he is suffering from chronic ailments. Apart from his good behaviour in jail, the Appellant has also educated himself and successfully completed his +2 exams, an undergraduate degree, a postgraduate degree, a diploma and eight certification courses", the Court added.Background The Bench passed the aforesaid order in a plea filed by A.G. Perarivalan, the life convict in the Rajiv Gandhi assassination case, seeking release from the prison based on the recommendation made by the State Government in September 2018. As the Bench had reserved the judgment on 11.05.2022, it had made it clear that in the present order it would limit itself to the issue of the reference of the decision of the Council of Ministers of Tamil Nadu made by the Governor to the President. In 2014, the Apex Court had commuted the death sentence imposed on Perarivalan to life imprisonment on account of the undue and unexplained delay in deciding his mercy plea. On 06.09.2018, Perarivalan submitted an early release application to the Governor under Article 161 of the Constitution of India. On 09.09.2018, the State Cabinet decided to accept his remission plea and accordingly forwarded its recommendation to the Governor. Thereafter, the Governor had kept the plea in abeyance for quite some time. As the matter came up for hearing before the Apex Court in November, 2020, it expressed displeasure regarding the pendency. On 21.01.2021, the Solicitor General assured the Apex Court that the Governor would decide in three to four days. On 22.01.2021, the Bench asked the Governor to decide within a week's time. However, it appears from an affidavit submitted by the Ministry of Home Affairs that, considering the President to be the competent authority to decide on the plea, the Governor had referred the recommendation of the Cabinet to him. Taking note of the fact that he had been in jail for 32 years (36 years without remission), on 09.03.2022, the Bench granted him bail. Both, Senior Advocate, Mr. Rakesh Dwivedi, appearing for the State of Tamil Nadu and Senior Advocate, Mr. Gopal Sankaranarayanan, representing Peraivalan, have objected to such 'reference', which has no statutory or constitutional validity. Mr....

"Arrested At 19, In Jail For 32 Years" : Supreme Court Orders Release Of AG Perarivalan, Convict In Rajiv Gandhi Assassination Case

Sohini Chowdhury

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