AG Perarivalan, Convict In Rajiv Gandhi Assassination Case, To Walk Free After 3 Decades In Jail. SC Orders Release

Perarivalan release: On Wednesday, the Supreme Court said, "By exercising Article 142 it is appropriate to release the convict."

Chennai: The Supreme Court on Wednesday ordered to release AG Perarivalan, one of the convicts of Rajiv Gandhi assassination case. The Supreme Court said, "By exercising Article 142 it is appropriate to release the convict."

On Wednesday, the verdict was pronounced by three-bench justice of the Supreme Court including Justices Nageswara Rao, BR Bavai and AS Bopanna. The Supreme Court bench also said, "There cannot be any inexplicable delay while exercising Article 161 and it can be subjected to judicial review. The Governor is a mere handle and we are not impressed to remand back the matter to him."

Earlier, through an order on March 9, 2022, the Supreme Court granted bail to AG Perarivalan.

On April 27, 2022, the Supreme Court also offered the Centre to release AG Perarivalan from jail since he served a sentence of more than three decades.

On May 11, 2022, Supreme Court reserved the judgment on the plea filed by Perarivalan seeking release from the prison based on the recommendation of Tamil Nadu government in 2018. In the hearing last week, the Centre drew flak from the court over its argument that in cases of grant of mercy, only the President would have exclusive powers.

Perarivalan served the prison term for over 30 years in connection with Rajiv Gandhi assassination case. Perarivalan was 19 years old at the time of the assassination and he was accused of buying two 9-volt batteries for Sivarasan, an LTTE member who was the mastermind behind the assassination. The two batteries were also used to assassinate Rajiv Gandhi, said the FIR. 

History of the case:

On May 21, 1991, former Prime Minister Rajiv Gandhi (46) was assassinated in a suicide bombing during an election rally at Sriperumbudur of Tamil Nadu. A woman suicide bomber reportedly blew off an explosive-laden belt while she bent down to touch Rajiv Gandhi's feet. He was killed along with 14 others in a suicide bombing reportedly carried out by Dhanu (alias) Thenmozhi Rajaratnam.  

In 1998, Perarivalan was sentenced to death by a TADA court along with 25 others for their role in the assassination of former Prime Minister Rajiv Gandhi. 

In 2014, the Supreme Court commuted the death sentence of seven convicts--S Nalini, Murugan, Santhan, AG Perarivalan, Jayakumar, Robert Payas and P Ravichandran--to life imprisonment and after two decades in prison, Perarivalan was first granted bail in March 2014. 

After the remission of the sentence, Perarivalan appealed for an early release from the prison. 

In 2016 and 2018, former Tamil Nadu Chief Ministers J Jayalalithaa and Edappadi K Palaniswami recommended the release of all the seven convicts including Perarivalan. However, the respective then Governors refused to abide by the recommendation. They also forwarded the recommendation to the Governor after a delay.

In 2018, the then Tamil Nadu cabinet recommended the release of 7 convicts in the Rajiv Gandhi Assassination case under article 161 of the constitution.

Last year, Tamil Nadu Chief Minister MK Stalin also urged the President to release the convicts by accepting the State government's recommendation in September 2018.