After 31 Years, Rajiv Gandhi Assassination Convict AG Perarivalan Walks Free

The Supreme Court, invoking powers under Article 142 of the Constitution, ordered his release.

AG Perarivalan was charged with supplying two nine-volt batteries used in the belt bomb that killed Prime Minister Rajiv Gandhi.

(Photo Courtesy: Twitter/ARPUTHAMAMMAL)

Video Producer: Mamta Yadav
Video Editor: Harpal Rawat

After 31 long years, AG Perarivalan, one of the life convicts in the Rajiv Gandhi assassination case, is a free man. The Supreme Court on Wednesday, 18 May, invoking powers under Article 142 of the Constitution, ordered the release of Perarivalan alias Arivu.

A bench led by Justice L Nageswara Rao, delivering the order in the case on Thursday, said, "State cabinet had taken its decision based on relevant considerations. In exercise of Article 142, it is appropriate to release the convict."

"This was not possible because of our own efforts. My mother worked extraordinarily for this and we also received a lot of support. And most importantly, we have truth by our side. This Tamil soil will always help keep the truth alive. This is why political parties and the public stood by me," Perarivalan told Puthiya Thalaimurai after his release.

"Death sentence is not the right punishment for any crime. One who believes in justice, will not agree with this," he added.

The bench comprising Justices L Nageswara Rao and BR Gavai also observed that the inordinate delay by the Tamil Nadu governor in exercising his powers under Article 161 of the Constitution would be subject to judicial review.

Last week, the Supreme Court had indicated that it disagreed with the Centre's decision to await the President's referral for the release, after the state cabinet gave its recommendation, noting that "no one was above the law."

"It is a matter to be decided by the court, the decision of the governor was not even needed. He is bound by the decision of the council of ministers. We will have to look into this," the court directed Additional Solicitor General KM Nataraj, appearing for the Centre in the matter.

'Victory for Humanity, State': Tamil Nadu CM MK Stalin

"We welcome the SC's decision to release Perarivalan on humanitarian grounds. The SC had clearly stated that they will intervene if the Governor doesn't discharge his duties. After being stuck in a cell for over 31 years, today Perarivalan is breathing fresh air," Tamil Nadu Chief Minister MK Stalin said after Perarivalan's release.

Hailing it as a victory for the state and humanity, Stalin added, "Huge respect to his mother, Arputhammal as she fought extraordinarily to make sure to win freedom for her son. We are expecting the complete order by tomorrow. And once we get it, we will immediately look at releasing the other convicts as well.

Perarivalan also thanked the chief minister, and added, "It was his government that filed an affidavit and arranged for brilliant advocates to fight and win my case."

Meanwhile, Tamil Nadu Congress chief KS Alagiri said, "The Supreme Court has released Perarivalan based on certain legal points; the very same SC had held 7 convicts as murderers and punished them. We don't want to criticise the Supreme Court's verdict, but reiterate that the convicts aren't innocent persons and that they're murderers."

Similar sentiments were shared by Congress chief spokesperson Randeep Surjewala who expressed disappointment at the verdict and added "a terrorist is a terrorist and should be treated as one," as per PTI.

He said, "Today, we are deeply pained and disappointed at the decision of the Supreme Court ordering the release of Rajiv Gandhi's assassin."

However, several political leaders across Tamil Nadu have welcomed the Supreme Court's judgment. Vanni Arasu, deputy general secretary, Viduthalai Chiruthaigal Katchi (VCK), said that it is not just the liberation of one individual but the liberation of Tamil rights.

He tweeted on Wednesday, "Tamil Nadu is waiting to welcome!"

‘Will Work To Remove Death Sentence From Law'

D Ravikumar, VCK MP from Villupuram, thanked TN CM Stalin for his efforts to release Perarivalan and said that the verdict has been a success for Arputhammal's battle for his release.

He told Tamil news channel Puthiyathalaimurai that this is just the beginning to completely eradicate death sentence form the law and the Perarivalan case will be a significant example of this.

He said, "I thank TN Chief Minister MK Stalin for his effort to release Perarivalan. This verdict is a success for Arputhammal's long battle. At this time, I would like to remember all the activists who supported his release in various aspects. It is not ending here and we should work together to remove the death sentence from our law books. The Perarivalan case will be a significant example of this."

Veteran politician Pazha Nedumaran said that he welcomed the verdict, as quoted by Dinamani.

He said the verdict will ease the release of other six convicts who are currently serving sentences in the case.

Nedumaran demanded that the central and state government give ex gratia payment to the 26 family members who are also involved in the case.

What Is Article 142, Cited To Free Perarivalan?

Article 142 of the Constitution, cited while freeing Perarivalan, allows the Supreme Court to pass any order necessary to do complete justice in any case or matter pending before it.

"The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe."

Article 142

The article was also used in the Ram Mandir-Babri Masjid case to hand over the disputed land to a trust to be formed by the central government.

Perarivalan's Role in Rajiv Gandhi's Assassination

AG Perarivalan was accused of having bought two 9-volt 'Golden Power' battery cells for Sivarasan, the LTTE leader who masterminded the conspiracy. The cells were used in the bomb that killed Rajiv Gandhi on 21 May that year.

Perarivalan was 19 when he was arrested on 11 June 1991.

Since his arrest, Perarivalan had spent 15 years on death row and a total of almost 24 years in solitary confinement in prison.

He had used his time in prison to complete undergraduate and postgraduate degrees from Indira Gandhi National Open University, as well as to procure more than eight diploma and certificate courses.