Rajiv assassination: Convict tells SC his mercy plea pending before Governor

A life convict in the Rajiv Gandhi assassination case today told the Supreme Court that no decision has been taken as yet on his mercy petition filed before the Tamil Nadu Governor over two years ago.

A G Perarivalan, who is among the seven convicts in the case, said he had filed the mercy petition seeking remission or pardon from the Governor under Article 161 of the Constitution.

A bench of Justices Ranjan Gogoi, Navin Sinha and K M Joseph asked advocate Gopal Sankaranarayanan, appearing for Perarivalan, to file the documents on record in two weeks. Today was Rajiv Gandhi's 74th birth anniversary.

Sankaranarayanan said they wanted to file the documents to bring it on record of the court as no decision has yet been taken on the mercy petition and this should not prejudice his case.

"Sixth respondent (Perarivalan) prays for and is granted two weeks' time to bring on record a copy of the application for grant of pardon, stated to be filed on behalf of the applicant - 6th respondent -- under Article 161 of the Constitution of India. List the matter on 6th September," the bench said.

Perarivalan had filed the mercy petition on December 30, 2015, saying he has suffered more than 24 years of solitary/single confinement.

"As per jail rules, life imprisonment at ground level is only for a maximum of 20 years and thereafter the prisoner is considered for release. Now I have already undergone more than life imprisonment," his letter said.

He had also claimed that the probe was not full-fledged and was incomplete and partial.

"The main culprits who designed the bomb made of RDX were not nabbed till date. They are scot-free and investigation is still pending into the vital aspects of the crime itself," he had said in his letter to the Governor.

"The chargesheet of the CBI (Multi-Disciplinary Monitoring Authority -MDMA) which was constituted pursuant to the Jain Commission report for further investigation of foreign hand in the assassination of Rajiv Gandhi is still pending and the real conspirators are yet to be found. There will be no justification in keeping me behind bars even after 25 years of actual punishment when the investigation is itself pending",
It had said the case involves the assassination of a former prime minister in a brutal manner in pursuance of a "diabolical" plot carefully conceived and executed by a foreign terrorist organisation