The convict in the Rajiv Gandhi case has nothing to do with further investigation into the “larger plot” behind the assassination of the former prime minister, according to the central agency.
The Central Bureau of Investigation told the Supreme Court that convicting AG Perarivalan has nothing to do with the additional survey conducted by its Multidisciplinary Monitoring Agency (MDMA) in the “larger plot” behind the assassination of former Prime Minister Rajiv Gandhi in 1991.
The CBI said it was entirely up to Tamil Nadu governor Banwarilal Purohit to decide whether or not to release Perarivalan, who is serving a life sentence. Perarivalan’s mother asked the governor for her release. He was arrested at the age of 19 and is now in his 40s.
The central agency said it had no role in the matter, and the surrender issue is entirely between Governor Purohit and Perarivalan.
“It is for the office of His Excellency the Governor of Tamil Nadu to take an appeal as to whether remission should be granted … As to the remedy in this case, the CBI has no role, “a 24- page affidavit filed by the agency in the superior court said.
The CBI affidavit stated that perarivalan “was not the subject of further investigation by MDMA”. “Further investigation by MDMA is limited only to the mandate provided by the Jain Commission report,” the agency said.
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The Jain commission of inquiry into the assassination had recommended a further investigation into the murder.
His mandate included surveillance / tracking of fugitives suspected of the crime, an investigation into the role of 21 Sri Lankan and Indian suspects identified by the Commission, an investigation into the delay in interception of messages, among others.
The CBI said it had not received any request from the governor’s office to disclose the status or details of the investigation. The probe is spread over several countries.
The agency said it couldn’t reveal the details anyway. A June 1999 order from the designated TADA court in Chennai prevents him from doing so. The debates take place behind closed doors. However, a situation report has been filed with the Supreme Court.
The CBI therefore endorsed the Supreme Court’s oral remarks that the investigation into the larger plot does not involve convicts like Perarivalan.
“Further investigation of the conspiracy only serves to prove if other people are involved. It’s not for them [people already convicted]Judge L. Nageswara Rao, at the head of a bench of three judges, observed orally during a hearing on November 3.
Perarivalan requested the governor’s pardon on December 30, 2015. Almost three years later, in September 2018, the Supreme Court asked the governor to rule on the pardon request as he deemed “fit”. Three days after this court ruling, on September 9, the Tamil Nadu cabinet recommended that the governor remit Mr. Perarivalan’s sentence and release him immediately.
“However, it appears that neither the recommendation was signed by the governor of Tamil Nadu nor the order of September 6 has been honored by the governor in the past two years,” said a request filed by Perarivalan.
On January 20, the Supreme Court requested information from Tamil Nadu, represented by Additional Advocate General Balaji Srinivasan and Yogesh Kanna, on measures taken by the governor pursuant to the September 6 order and the Cabinet recommendation. In February, the state government informed the court that the Cabinet recommendation had been sent to the governor for signature. The court responded by asking the state to ensure that the Cabinet decision to release Perarivalan is carried out.
The Supreme Court is due to hear the case on Monday.