Chennai, Feb 1 (UNI) PMK Founder Dr S Ramadoss today termed as violation of human rights, Tamil Nadu Governor Banwarilal Purohit delaying the release of seven life convicts in the former Prime Minister Rajiv Gandhi assassination case even after the one week time granted by the Supreme Court ended four days back.
In a statement here, he said as per the Supreme Court order, the Governor should have decided by January 28 on the September 2018 State Cabinet resolution recommending the release of all the seven convicts under Article 161 of the Constitution.
As per the Court orders, the Governor should have taken a decision by January 28.
'Even four days after the deadline ended, there is not movement and the Raj Bhavan has not disclosed the reason', he said.
'This delay is a big human rights violation', Dr Ramadoss said, adding, such a delay in respect of release of A G Perarivalan, one of the convicts, was unwarranted, because all the hitches has been cleared by the Supreme Court.
Stating that 875 days had passed since the State Cabinet forwarded the resolution to the Governor, the PMK Chief referring to recent meeting the Governor's Secretary had with Solicitor General in Delhi and sought to know what legal consultations took place between them on the matter.
'Such acts are nothing but delaying the release of Perarivalan', he said, adding, this attitude of the Governor was condemnable.
Observing that the Governor should respect the Apex Court order the sentiments of the people of Tamil Nadu, he said any further delay in the release of the seven convicts, who had spent a majority of their life time in jail for over 30 years, is not proper.
'Since the petition filed by Perarivalan will come up for hearing in the Apex Court in three days time, the Governor should immediately give his assent to the State Cabinet resolution and order release of Perarivalan and six other convicts', he added.
As the deadline ended on January 28, Chief Minister Edappadi K Palaniswami met the Governor on January 29 and discussed the issue.
Fisheries Minister and ruling AIADMK spokesman D Jayakumar, who accompanied the Chief Minister said, Mr Palaniswami discussed with the Governor about the release of the seven convicts.
The Chief Minister urged the Governor to take a good decision and release all the convicts, in line with the September 2018, State Cabinet resolution recommending their release under Article 161 of the Constitution.
The Court on a reply plea filed by the Centre on January 21, granted a week's time for the Governor
to decide on the state government's recommendation to release Perarivalan.
After Solicitor General Tushar Mehta informed the Court that the Governor will decide, in three-four
days, on the state government's recommendation to release all the convicts in the case, the next day the court granted a week's time to the Raj Bhavan to take a decision on the release.
Mr Mehta, representing the Governor, had submitted before a bench headed by Justice L Nageswara Rao that a decision will be taken as per the Constitution, on the remission of the sentence by exercising his discretionary powers under Article 161 within the next 3-4 days.
While the state government's recommendation to the Governor for pardon to all the convicts has been pending for over two years, Perarivalan had moved the apex court to decide on the issue at
the earliest.
It may be recalled that the State Cabinet on September nine, 2018, adopted a resolution recommending to the Governor to release all the seven convicts under Article 161 of the Constitution.
The decision to release all the seven convicts was taken in line with the September six, 2018 Supreme Court order.
Based on the Apex Court order, which had asked the Governor to consider the mercy plea of Perarivalan for premature release, the Cabinet had recommended to the Governor to release
all the convicts under Article 161 of Constitution.
The CBI also told the Supreme Court that Perarivalan has nothing to do with the MDMA probe
and his release.
In its 24-page affidavit filed before the Apex Court, the CBI said it was entirely left to Mr Purohit to
decide on releasing Perarivalan.
Stating that it has no role whatsoever in the issue, the CBI said the question of remission is wholly
between Mr Purohit and Perarivalan.
“It is for the office of His Excellency Governor of Tamil Nadu to take a call on the issue of whether
remission is to be granted...So far as relief in the present matter is concerned, CBI has no role,” it said.
The CBI said Perarivalan is “not the subject matter of the further investigation carried out by the MDMA”.
“The further investigation conducted by the MDMA is only limited to the mandate provided by the
Jain Commission Report, which had recommended further probe into the killing of Rajiv Gandhi.
In November 24 last year, Opposition DMK President M K Stalin petitioned the Governor seeking
the release of the seven life convicts citing the CBI's submission in the Supreme Court.
In a letter, which was handed over to Mr Purohit by Mr Stalin at the Raj Bhavan, he said the DMK has been continuously demanding the release of seven convicts--Nalini, V.Sriharan alias Murugan, Santhan, A.G.Perarivalan, Jayakumar, Robert Pyas and P.Ravichandran--who were undergoing the long endless agony of imprisonment for about 30 years.
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