Released by SC, Rajiv murder convict says 'there is no need for capital punishment'

The Supreme Court on Wednesday (May 18) ordered the release of A G Perarivalan, who has served over 30 years of life term in the Rajiv Gandhi assassination case.

A bench headed by Justice L Nageswara Rao invoked its extraordinary power under Article 142 to grant relief to Perarivalan.

Watch: Arputhammal – Three decades of fight for her son’s freedom

“The state cabinet had taken its decision based on relevant considerations. In exercise of Article 142, it is appropriate to release the convict,” the bench said.

Article 142 deals with enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.

On March 9, the top court had granted bail to Perarivalan while taking note of his long incarceration and no history of complaints when out on parole.

The top court was hearing the plea of the 47-year-old Perarivalan seeking suspension of his life sentence in the case till the Multi-Disciplinary Monitoring Agency probe is completed.

Rajiv was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.

In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santham and Nalini.

On February 18, 2014, the top court commuted the death sentence of Perarivalan to life imprisonment, along with that of two other prisoners — Santhan and Murugan — on grounds of an 11-year delay in deciding their mercy pleas by the Centre.

Also Read: Perarivalan’s plea: What the SC said on personal liberty and federalism

Perarivalan says, ‘I have to breathe a bit’

“I have just come out. It has been 31 years of legal battle. I have to breathe a bit. Give me some time,” Perarivalan said when asked for his reaction.

Released after 31 years in jail, he told media persons, “I firmly believe there is no need for capital punishment. Not just for mercy… many justices including Supreme Court chief justices have said so and there are many examples. Everybody is human.”

Perarivalan’s mother, Arputhammal, stood by his side and added: “Many unknown people have supported us. I don’t know many people. I thank all of them.” He was welcomed by jubilant family members, friends and pro-Tamil outfits in Chennai, news agency PTI said.

Tamil Nadu chief minister MK Stalin welcomed the SC judgment. He said the decision would find a place in ‘justice-law-political-administrative history’.

BJP’s TN chief, K Annamalai, said his party “accepts” the order. “We also believe the Supreme Court will not allow compromising with our unity, security and integrity,” he said.

Congress saddened by the Supreme Court order

Randeep Surjewala, Congress media cell chief, said, “We are deeply saddened by the decision of the Supreme Court. If those guilty of terrorism, an assassination of a Prime Minister are going to be released like this, then who will uphold the majesty and the integrity of law in this country?”

Surjewala accused Prime Minister Narendra Modi of double speak on terrorism. “Are you (Modi) going to be complicit in release of terrorists and murderers of the former Prime Minister of this country, is it acquiescence by silence? A nominee of government of India does not take a call to reject such a decision of the cabinet of the state of Tamil Nadu. He instead refers it to the President of India and the President of India does not decide,” the Congress leader said.

When told that both Rahul and Priyanka Gandhi had publicly said they hold no ill-will against the assassins of their father, Surjewala said, “Rahul Ji, Priyanka Ji, Sonia Ji may harbour no ill will for they believe in the philosophy of Mahatma Gandhi and Buddha and the years long traditions of this country, where you pardon anybody who has harmed you and given you the worse wound that anybody can give you, but, that does not change the law and the Constitution of this country.”