Despite opposition by Centre, SC grants bail to Rajiv Gandhi assassination convict

The bench noted that the decision on Perarivalan's mercy petition had been delayed, and he had already undergone more than 30 years of imprisonment

The Supreme Court on Wednesday granted bail to Rajiv Gandhi assassination case convict A G Perarivalan, as he has spent over 30 years' imprisonment, despite vehement objections by the Centre.

The Union government said the petitioner had already availed benefit of reduction of death sentence to life term, citing delay in decision on his mercy plea and cannot claim more benefit.

However, a bench of Justices L Nageswara Rao and B R Gavai said he has spent more than 30 years in jail and he has been released thrice from jail earlier and there was no complaint about his conduct.

The court also noted that the applicant has been on parole at present.

The Union government led by Additional Solicitor General K M Nataraj contended that the convict was sentenced to death penalty before the Supreme Court commuted it to life imprisonment in 2014.

"He was a death row convict. When the remission has been granted to him subject to life, how can it be reduced again," he asked.

The court, however, said he can be granted bail subject to remission.

It said his bail would be subject to conditions set by the trial court.

Earlier, in February, 2021, the Union government had informed the court that the Tamil Nadu Governor has sent a request for remission, made by Rajiv Gandhi assassination case convict A G Perarivalan, to the President as the top Constitutional office is the competent authority to deal with the matter.

Notably, the Tamil Nadu government's recommendation to the Governor for pardon under Article 161 of the Constitution to all the convicts has been pending.

Convicts in the 1991 case -- V Sriharan alias Murugan, T Suthendraraja alias Santham, Perarivalan alias Arivu, Jayakumar, Robert Payas, P Ravichandaran and Nalini -- have been in jail for over 25 years.

Former Prime Minister Rajiv Gandhi was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.

In August, 2018, the Centre had told the Supreme Court it does not concur with the Tamil Nadu government's proposal to release seven convicts in the case, saying remission of their sentence will set a "dangerous precedent" and have "international ramifications".