Rajiv Gandhi assassination case: Tamil Nadu awaiting MDMA report before deciding on release of Perarivalan

Chennai: The Madras High Court has been informed that Tamil Nadu Governor Banwarilal Purohit is awaiting the final report of the multi-disciplinary monitoring agency (MDMA), that is looking into the larger conspiracy behind the Rajiv Gandhi Assassination case. This is pertaining to the release of Rajiv Gandhi Assassination case convict Perarivalan who has been languishing in prison for nearly three decades.

Although Perarivalan was convicted under the grounds of having provided two 9-volt batteries which were used in the bomb that killed Rajiv Gandhi, it has been established later that he merely procured the batteries without knowing about the conspiracy or what the batteries would be used for. 

Following a Supreme Court ruling which enabled the state government to decide on his release, the recommendation to release Perarivalan was forwarded to the governor by the state government in September 2018. Recently, the court had observed that the governor cannot sit on the state government’s recommendation for release for such a long period (nearly 22 months), also mentioning that the court would be forced to step-in.

The MDMA was appointed following the report of the Jain Commisison to probe the larger conspiracy in the case, involving persons of other countries. The submission that the governor was awaiting the MDMA report was made when the plea seeking parole for Perarivalan came up for hearing on Wednesday. 

Perarivalan’s mother has applied for 90-day parole on the grounds that 50 inmates in Puzhal jail (where he is lodged) have tested COVID-19 positive and her son is vulnerable due to multiple ailments including blood pressure, urology, rheumatology related conditions. The bail plea also stated that Perarivalan required proper medical care and that his aged parents were living alone. 

Hearing the bail plea, Justices Kirubakaran and Velumani highlighted the delay on the part of prison authorities in granting parole and noted that the decision should be made within a reasonable time frame. The bench also stated that the delay in clearing their requests for parole would only add to the woes of the convicts, requiring them to spend more money in approaching the court.

“Given the genuine humanitarian and medical reasons, we are confident of securing parole on Monday for Perarivalan,” said his advocate K.Sivakumar. The hearing has been adjourned and the government is required to file their response by July 31 and the next hearing is slated for August 3. 

Earlier this week, Perarivalan’s lawyer had also approached the Mumbai High Court to seek details regarding the procedures followed by the Maharashtra Government in the early release of Bollywood actor Sanjay Dutt. Dutt and Perarivalan had been convicted under the same Arms Act. 

It is notable that, despite the President having rejected Dutt’s clemency petition and his conviction under a law that falls under central government’s jurisdiction, the Maharashtra government had used its legal powers, rights to grant permission for the actor’s early release.