The Tamil Nadu prison authorities have rejected a 30-day leave application of A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case serving a life sentence in Vellore central prison, on the grounds that he was sentenced under Central Acts and could not be granted parole under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982.
Rejecting the petition seeking parole, the Deputy Inspector-General of Prisons, Vellore Range, in his order dated March 30, 2017 has said that Perarivalan was convicted under Section 6 (1A) of the Wireless Telegraphy Act, 1933, and Section 12 of the Passport Act, 1967.
“Though he had served the sentences imposed under those laws, since it was confirmed by the Supreme Court that he was convicted under the abovementioned laws of the Government of India, he is not eligible for obtaining ordinary leave under sub clause (1) of the Rule No. 22 of the Tamil Nadu Suspension of Sentence Rules, 1982,” the order said.
Mother’s arguments
In an appeal filed before the State Home Secretary, Perarivalan’s mother A.G. Arputhammal said there were several instances of prisoners convicted under Central acts like the Arms Act, Explosive Substances Act, Narcotic Drugs and Psychotropic Substances Act getting ordinary or emergency leave under the Tamil Nadu Suspension of Sentences Rules, 1982.
Moreover, Ravichandran alias Ravi, another convict in the Rajiv Gandhi Assassination case who was convicted under Explosives Substances Act and Arms Act, both Central Acts, was granted ordinary and emergency leave on four occasions, she said.
Pointing out that the Tamil Nadu Assembly had passed a unanimous resolution supporting the release of her son by remission of remaining sentence, Ms. Arputhammal said the State government in its affidavit in the Supreme Court had also mentioned that Perarivalan was acquitted under TADA and he had already undergone sentence under the Wireless Telegraphy Act and Passport Act.
The remission was confined only to the sentence under the IPC.
Explaining that Tamil Nadu had taken a stand in the Supreme Court that the State government was the competent authority to grant remission since the sentences awarded under Central Acts were already served, she said her husband Gnanasekaran was suffering from various health problems and Perarivalan, being their only son, had a right to visit his ailing father and take care of him.
The death sentences of Murugan, Santhan and Perarivalan was commuted to life imprisonment by the Supreme Court on February 18, 2014. Perarivalan has been in prison since 1991 and his first application seeking leave has been rejected by the prison authorities now.