Chennai, Feb 4 (UNI) Accusing the Opposition DMK of
spreading lies on the issue of release of seven life
convicts in the Rajiv Gandhi assassination case, Tamil
Nadu Chief Minister Edappadi K Palaniswami today said
he was hopeful that Governor Banwarilal Purohit will
take a good decision on their release.
Intervening during the debate on the motion of thanks
to the Governor for his address, he said the Governor
would soon take a good decision on the release of the
convicts.
'We are waiting for a good decision from the Governor',
Mr Palaniswami said.
Coming down heavily on the DMK, he said the then DMK
government had only recommended commutation of one
of the convicts, Nalini, while rejecting the release of three
other convicts--Perarivalan, Santhan and Murugan.
It was the AIADMK government which adopted resolutions
on their release in the Assembly and in the State Cabinet
and forwarded it to the Governor for his assent, he added.
DMK was politicising the issue in view of the elections and
it was only the AIADMK which had always been speaking in
favour of the release of all the convicts.
On the opening day of the Assembly session on Tuesday,
the DMK walked out of the House and boycotted the
Governor's address stating that there was no mention
about the release of the convicts in his address.
DMK President and Leader of the Opposition M K Stalin,
while taking to reporters said Mr Purohit had also not
acted on the September 2018 State Cabinet resolution
recommending the release of all the seven life convicts
under Article 161 of the Constitution.
'There has been no proper reply from the Raj Bhavan on
the release of the convicts and a situation too was not
created by the Governor for their release', he said,
adding, to condemn this, the DMK decided to boycott the
Governor's address and also boycott the current session.
It may be recalled that as the one week deadline given
by the Supreme Court to the Governor to decide on the
release of A G Perarivalan, one of the convicts in the
case ended on January 28, Mr Palaniswami on January 29
met the Governor and ddiscussed the issue.
Later, talking to reporters in front of the Raj Bhavan
after the meeting, Fisheries Minister and ruling AIADMK
spokesman D Jayakumar said, the Chief Minister discussed
with the Governor about the release of all 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.
The Chief Minister's meeting in Raj Bhavan comes on the
day when the Governor's Secretary rushed to Delhi and
met the Solicitor General to seek legal views on the
matter.
The Court on a reply plea filed by the Centre on
January 21, granted a week's time for the Tamil
Nadu Governor to decide on the state government's
recommendation to release Perarivalan.
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.
A Bench of Justices Ranjan Gogoi, Naveen Sinha and K M Joseph
had on disposed of a plea filed by the Centre opposing the
State government's proposal for the release of the convicts,
and asked the Governor to consider the mercy plea of
Perarivalan.
The Raj Bhavan had on September 15, 2018 said a just and fair
decision would be taken in accordance with the Constitution.
It said this was a complex case and involves examination of
legal, administration and Constitutional issues and the papers
would be processed scrupulously.
'The case is a complex one and involves the examination of
legal, administrative and Constitutional issues', the Raj
Bhavan said.
Later, when the issue was taken to the Court, the State
government said it had got a reply from the Raj Bhavan
that it was waiting for the final report of the MDMA
which was probing the larger conspiracy angle in the case.
In the meantime, the CBI informed 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.
The CBI also clarified that it did not receive any
request from the Governor’s office to divulge the
status or details of the investigation.
Since then leaders of various political parties were
hoping that the Governor would soon take a good
decision on the issue.
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.
UNI GV 1715