Rajiv Gandhi assassination: SC grants bail to convict Perarivalan

The Supreme Bench noted that Perarivalan has already undergone 32 years in prison  

Rajiv Gandhi assassination convict AG Perarivalan was granted bail by the Supreme Court on Wednesday. A Bench noted that Perarivalan has already undergone 32 years in prison. The court also took into consideration that there were no complaints about his conduct when he was released thrice before on parole.

However, his plea for the remission of his life imprisonment is pending before the President of India.

A bench presided by Justice L Nageswara Rao said “Since he has already undergone sentence for more than 30 years, we are of the considered view that he is entitled to bail in spite of the vehement opposition by Additional Solicitor General K M Nataraj”.

According to the SC order, Perarivalan would have to follow the conditions of release and would have to report before the local police officer every month. He also is not allowed to leave his native village, Jholarpetai, around 100 km from Chennai, without reporting to the police.

The bench comprising Justice L Nageswara Rao and Justice BR Gavai passed the order is a special leave petition filed by Perarivalan in 2016 against the refusal of the Madras high court to entertain his plea seeking commutation of sentence. The bench noted that Perarivalan is on parole at present and was given parole thrice earlier, LiveLaw reported.

Opposing his plea, the Centre through additional solicitor general KM Narataj submitted that Perarivalan has already availed the benefit of mercy petition once and his death penalty was commuted to life sentence by the Supreme Court in 2014.

On this, the Supreme Court said, “In view of the stand taken by the Union of India that the state government does not have the power to entertain the application especially after the sentence of death imposed on the has been reduced to life, the matter will have to be decided finally”. It further said that “sufficient material has been produced by the applicant to prove his conduct during the long incarceration, acquisition of degrees and ill health.”