In the Rajiv Gandhi assassination case the CBI has informed the SC that the convict in the case A.G. Perarivalan has nothing to do with the further investigation conducted in the case by its multi- Disciplinary Monitoring Agency (MDMA) into the larger conspiracy behind the assassination in 1991. The central agency was replying to the application filed by the mother of the petitioner Perarivalan to release him.
The SC on November 3rd expressed its concern and unhappiness on the fact that recommendation of Tamil Nadu government for remission of sentence of convict is pending before the governor for two years.
Justice L Nageswara Rao, the presiding judge of the bench who was hearing the petition said that –“We do not want to exercise jurisdiction. But we are not happy with how this recommendation has been pending before the Governor for 2 years”. The bench also comprised of Justices Ajay Rastogi and Hemant Gupta. The bench was hearing the petition filed by Perarivalan for release from prison based on recommendation from state. Justice Rao also asked whether he can direct the Governor, a constitutional authority to make decision in the same case?
The bench further proceeded to list the matter on November 23rd where the counsels have been given liberty to file additional documents and to inform the bench about other judgemnets which allow SC to give directions to the governor.
The role of the life convict Perarivalan in the assassination case is that the convict has been upheld by the SC and the overt act has been clearly established by the law. Therefore the court said that the claim of the petitioner of being innocent and that he didn’t have the knowledge is not acceptable and is not maintainable. In September 2018 Tamil Nadu Government announced the decision to release him along with six other convicts.
