The Supreme Court of India on Wednesday (March 9) granted bail to a convict accused of assassinating former Indian Prime Minister Rajiv Gandhi. AG Perarivalan, the convict, was granted bail because of his more than a 30-year prison sentence.
Justices L. Nageswara Rao and BR Gavai ruled: ‘Considering that the appellant has been incarcerated for more than 30 years, he is entitled to be released on bail despite the vehement opposition of the Additional Solicitor General (representing the Centre). The appellant is ordered to be released on bail’.
During the hearing, the bench noted the mercy petition of Perarivalan had been delayed. KM Nataraj, representing the Centre, was asked what the role of the Governor is in sending the remission plea to the President, and does the Governor have any independent discretion over a decision made by the state cabinet.
In addition, the bench noted that there is sufficient documentation on record relating to his conduct while incarcerated and his educational qualifications. Perarivalan was represented by senior advocate Gopal Sankaranarayan in the apex court. The court noted that the state government does not have the power to take a stand on mercy petitions, especially in cases where death is commuted to life. The state government also pointed out that its client has been released on parole three times and no complaint has been made about his conduct.
Nataraj, opposing bail for Perarivalan, argued that he had already availed of a mercy petition once, and his death sentence was commuted to life by the top court in 2014, due to the lengthy delay in considering that petition. His remission application had been submitted to the Governor, who in turn said the President was the competent authority to decide. In granting bail to Perarivalan, the bench stated that it was subject to the satisfaction of the trial court’s conditions, and directed him to report to the local police every month during the first week of the month.
In February last year, the Union Home Ministry informed the Supreme Court that the Tamil Nadu Governor had indicated that the President was the proper authority to deal with Perarivalan’s pardon request. The Tamil Nadu government has granted and extended parole to Perarivalan periodically since his arrest in 1991. In 2014, the top court had commuted his death sentence, for assisting in the making of the bomb that killed Rajiv Gandhi, to life imprisonment on the grounds of delay in deciding their mercy petitions.
Perarivalan’s pardon request has been pending with the Governor of Tamil Nadu for more than two years. The Supreme Court has expressed dissatisfaction on several occasions. Earlier this year, Perarivalan had filed a petition with the top court, asking for a premature release and remission of his sentence. Additionally, he had cited the recommendation made by the state government in 2018.
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