The Evening Wrap: Supreme Court releases Rajiv Gandhi case convict Perarivalan

The Supreme Court on Wednesday invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case. A Bench led by Justice L. Nageswara Rao, in its judgment, took into consideration Perarivalan’s long incarceration for over 30 years to order his release. Perarivalan is currently on bail. His death penalty had earlier been committed to life sentence for murder. Terrorism charges were earlier withdrawn. The court held that the Tamil Nadu Council of Ministers’ advice on September 9, 2018 to pardon Perarivalan was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution. It said the long delay and the Governor’s reluctance to take a call on the pardon plea has compelled the court to employ its constitutional powers under Article 142 to do justice to Perarivalan. The court dismissed the Centre’s argument that the President exclusively, and not the Governor, had the power to grant pardon in a case under Section 302 (murder) of the Indian Penal Code, saying this contention would render Article 161 a “dead-letter” and create an extraordinary situation whereby pardons granted by Governors in murder cases for the past 70 years would be rendered invalid. Senior advocate Rakesh Dwivedi, for Tamil Nadu, had argued that the prospect of the court waiting for the President’s decision on the mercy plea, as put forward by the Centre, was “completely absurd”. Dwivedi, along with Tamil Nadu Additional Advocate General Amit Anand Tiwari and advocate Joseph Aristotle, had said federalism would go for a toss if that was allowed by the court. The court protected federalism by holding that States had the power to advice and aid the Governor in case of pleas of pardon under Article 161 made by convicts in murder cases. In the long years of litigation, the Centre, had initially assured the Supreme Court that the Governor would take a call on Perarivalan’s pardon plea, only to suddenly change tack in November 2020 to say that it was the President, under advice of the Centre, who was authorised to decide the plea. The Centre had banked on a Constitution Bench judgment in Union of India versus V. Sriharan in December 2015, to argue that Section 432(7)(a) of the Code of Criminal Procedure (Cr.PC) gave primacy to the Union and not the States when the case was tried under a law to which the executive power of the Union extended to. An affidavit filed by the Ministry of Home Affairs last year had submitted that the President of India was the “appropriate competent authority” to deal with Perarivalan’s request for freedom. The Ministry’s short affidavit had said “His Excellency the Governor of Tamil Nadu considered all the facts on record and after perusal of the relevant documents, recorded that the Honourable President of India is the appropriate competent authority to deal with the request for remittance vide his order dated January 25, 2021. The proposal received by the Central government will be processed in accordance with law”. However, Perarivalan’s lawyers, senior advocate Gopal Sankaranarayanan and Prabu Ramasubramanian, used the same Sriharan judgment of the court to counter that the power of State or Central governments to remit sentences under Section 432 Cr.PC and the clemency power of the President or the Governor could not be equated with each other. “Section 432 was a creature of the Code (Cr.PC). Articles 72 (power of President to grant pardon) or 161, on the other hand, was a high prerogative vested by the Constitution in the highest functionaries of the Union and the States,” Sankaranarayanan had argued. The constitutional power of pardon of the President or Governor was “untouchable and unapproachable and cannot suffer the vicissitudes of simple legislative processes”, Sankaranarayanan had explained from the Sriharan judgment. He had argued that the convict was free to choose either the Governor or the President to apply for pardon. The Centre had also highlighted that the case against Perarivalan concerned the assassination of none other than a former Prime Minister. Forty-three other people had sustained serious injuries in the bomb explosion at Sriperumbudur in Tamil Nadu in 1991. But Perarivalan had contended that his role in the crime extended to supplying two nine-volt batteries without the knowledge of what it was going to be used for. He said his confession under the lapsed TADA to a police officer was not valid evidence. He said he was a “19-year-old boy when his mother handed him over to the CBI... and now has lost all his prime youth in prison, that too, in death row under solitary confinement for more than 16 years”. He said his “aged mother and father were waiting for their only son to join them at least in the last years of their life”. Earlier, Perarivalan had sought an order from the Supreme Court to stay his life sentence till the CBI-led multidisciplinary authority’s inconclusive probe into the larger conspiracy behind the assassination was completed. He had described his case as “unique” and had related the harsh circumstances under which he had pursued an education in prison. He had said his health had taken a severe beating from the effects of “death row syndrome”. SP, BSP allege BJP’s role behind Gyanvapi controversy The Samajwadi Party (SP) and the Bahujan Samaj Party (BSP), the main Opposition parties in Uttar Pradesh, have taken a combative stand against the BJP on the Gyanvapi mosque court proceedings and alleged the role of the ruling party in the ongoing legal controversy. BSP president Mayawati on Wednesday said the BJP and its allies were selectively targeting specific religious places to divert public attention from increasing poverty, unemployment and soaring inflation. “The situation could deteriorate any moment due to this,” Mayawati said here. The BSP chief said the way in which religious sentiments of people were being stoked “as part of a conspiracy” in the name of “Gyanvapi, Mathura, Taj Mahal and other places” would make the country weaker and not stronger. The BJP should draw its attention to this, she added. Samajwadi Party president Akhilesh Yadav alleged that the Gyanvapi issue was a “conspiracy” of the BJP and its “invisible friends” and “hidden friends.” The BJP rakes up Gyanvapi-like events directly or through its invisible or hidden friends, he said. “On the BJP’s directions, its invisible associates emerge and deliberately sow seeds of hate,” Yadav told reporters in Azamgarh. Yadav said the Gyanvapi mosque was an old one and that even the Supreme Court had said that old disputes could not be raised now. The discussion on communal issues was diverting attention from basic questions such as inflation, Yadav said. The All India Muslim Personal Law Board, while urging the government to clarify its position on the Places of Worship Act, 1991, also sought a clarification from the so-called non-BJP “secular” parties. “Political parties that call themselves secular and just are also silent on the issue, and they are not coming to the fore against this false propaganda the way they should. We hope that they will clarify their position and also stand for the protection of the Constitution and secular character of the country and a clear and loud voice shall be raised by them,” the AIMPLB said. Hardik Patel resigns from Congress In a major setback to the Opposition party in Gujarat, working president of the Gujarat Congress and Patidar quota agitation leader Hardik Patel on May 18 resigned from the primary membership of the party, slamming the leadership for ‘lack of seriousness.’ In a letter to Congress president Sonia Gandhi, 28-year-old Patel resigned saying it had become difficult to remain in the party when its top leadership lacked seriousness to fight for the issues concerning the people. “Today I courageously resign from the post of Congress party and primary membership of the party. I am sure that my decision will be welcomed by all my colleagues and the people of Gujarat. I believe that after this step, I will be able to work positively for Gujarat in future,” he said on Twitter posting his three-page resignation letter. For over a month, Patel had been publicly criticising the Congress leadership and State leaders, accusing them of not allowing him to work and stifling his efforts to revive the party in the State ahead of the Assembly poll due in November. He has also praised the BJP leadership, calling it decisive. Patel had skipped the Congress’s three-day brainstorming session in Udaipur, where the top brass of the party from across the country gathered to deliberate and discuss strategies for the party’s revival ahead of the national polls to be held in 2024. He was last seen with Congress leaders on May 10 when Rahul Gandhi held a tribal convention in Dahod, in which Gandhi showered his praises on another young leader and prominent Dalit activist Jignesh Mevani. It became apparent on May 16 that Patel may part ways with the Congress, and the party leaders hit back at him for his constant remarks against the State leaders. Speculations are rife that he would join the BJP ahead of the Assembly poll. After giving interviews to local dailies, Patel, who rose to fame in 2015 when he spearheaded a powerful Patidar agitation for quotas in jobs and education, praised the BJP leadership and said he was a “proud Hindu.” Sheena Bora murder case: Supreme Court grants bail to Indrani Mukerjea The Supreme Court on Wednesday granted bail to Indrani Mukerjea, accused and in jail for over six years in the Sheena Bora murder case. A Bench led by Justice L. Nageswara Rao, without commenting on the merits of the case against her, noted that she had been incarcerated for 6.5 years and there seemed to be no early completion of trial. “Even if 50% of the witnesses are given up by prosecution, the trial would not be over soon. She is granted bail. She will be released on bail subject to satisfaction of trial court,” the Bench ordered. The conditions of her bail would be similar to those of Peter Mukerjea, the co-accused in the case and out in bail since 2020. The Bench remarked that 6.5 years in jail without any chance of the trial ending soon was too long a time. The court had earlier issued notice to the Central Bureau of Investigation and Maharashtra on her bail application. Mukerjea was denied bail by the Bombay High Court in November last year. She is lodged at Byculla prison in Mumbai. She was arrested in August 2015 and denied bail multiple times by the special court trying her case. The lower courts had expressed apprehensions about the possibility that she would influence witnesses or tamper with evidence. Senior advocate Mukul Rohatgi, for Mukerjea, had argued that the trial court had several more witnesses to be examined, and at this rate, proceedings would drag on for another decade. Rohatgi submitted that the trial court had been without a presiding officer since June last year. The senior lawyer said Mukerjea was unwell. Sheena Bora was allegedly killed in 2012. Karti Chidambaram’s associate arrested in visas scam A day after conducting searches on the premises of Lok Sabha MP Karti Chidambaram and others accused in the alleged visas scam, the Central Bureau of Investigation (CBI) on Wednesday arrested S. Bhaskar Raman, who was named first accused in the case. Bhaskar Raman, a close associate of Karti Chidambaram, was arrested in Chennai after questioning by investigators of the CBI’s Economic Offences Wing, New Delhi. The CBI has accused him of taking ₹50 lakh bribe to facilitate the re-use of Project Visas for Chinese workers who were deployed in the construction of a 1980 MW thermal power plant at Mansa in Punjab in 2011. Besides other evidences, the investigative agency relied on several email communications between officials of the beneficiary company -- M/s Talwandi Sabo Power Limited (TSPL) -- and Bhaskar Raman. Turkey’s Erdogan links Sweden’s NATO bid to return of ‘terrorists’ President Tayyip Erdogan said on Wednesday Sweden should not expect Turkey to approve its NATO bid without returning “terrorists”, and Swedish and Finnish delegations should not come to Turkey to convince it to back their NATO bids. Earlier, Finland and Sweden formally applied to join the NATO alliance, a decision spurred by Russia’s invasion of Ukraine, with the accession process expected to take only a few weeks despite Turkey’s objections. “We have such a sensitivity as protecting our borders from attacks by terrorists organisations,” Erdogan told MPs from his AK Party in parliament. Erdogan said NATO allies had never supported Turkey in its fight against Kurdish militant groups, including the Syrian Kurdish YPG. “NATO expansion is only meaningful for us in proportion to the respect that will be shown to our sensitivities,” he said. Ankara says Sweden and Finland harbour people it says are linked to groups it deems terrorists, namely the Kurdistan Workers Party (PKK) militant group and followers of Fethullah Gulen, whom Ankara accuses of orchestrating a 2016 coup attempt. Turkish state broadcaster TRT Haber said on Monday Sweden and Finland had not granted approval for the repatriation of 33 people that Turkey requested. “So you won’t give us back terrorists but you ask us for NATO membership? NATO is an entity for security, an organisation for security. Therefore, we cannot say ‘yes’ to this security organisation being deprived of security,” he said. NATO and the United States have said they were confident Turkey would not hold up membership of Finland and Sweden. In Brief Delhi Lieutenant Governor Anil Baijal has resigned citing personal reasons, a senior official said on May 18. He was appointed the national capital’s Lieutenant Governor in December, 2016. “He (Baijal) has submitted his resignation to the president,” the official told PTI. The Union Cabinet on May 18 approved advancing the target of blending 20% ethanol in petrol by 5 years to 2025-26 as well as allowing more feedstocks for the production of biofuels in a bid to cut reliance on imported oil for meeting the country’s energy needs. The Cabinet, headed by Prime Minister Narendra Modi, at its meeting on May 18 approved the amendments to the National Policy on Biofuels, an official statement said. The main amendment is for advancing the target of blending 20% ethanol in petrol (20% ethanol, 80% petrol) to 2025-26 from 2030. Currently, about 10% of ethanol is blended in petrol. Evening Wrap will return tomorrow [logo] The Evening Wrap 18 MAY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Perarivalan, Rajiv Gandhi case convict, released by Supreme Court citing extraordinary powers The Supreme Court on Wednesday invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and [ordered the release of A.G. Perarivalan]( in former Prime Minister Rajiv Gandhi assassination case. A Bench led by Justice L. Nageswara Rao, in its judgment, took into consideration Perarivalan’s long incarceration for over 30 years to order his release. Perarivalan is currently on bail. His death penalty had earlier been committed to life sentence for murder. Terrorism charges were earlier withdrawn. The court held that the Tamil Nadu Council of Ministers’ advice on September 9, 2018 to pardon Perarivalan was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution. It said the long delay and the Governor’s reluctance to take a call on the pardon plea has compelled the court to employ its constitutional powers under Article 142 to do justice to Perarivalan. The court dismissed the Centre’s argument that the President exclusively, and not the Governor, had the power to grant pardon in a case under Section 302 (murder) of the Indian Penal Code, saying this contention would render Article 161 a “dead-letter” and create an extraordinary situation whereby pardons granted by Governors in murder cases for the past 70 years would be rendered invalid. Senior advocate Rakesh Dwivedi, for Tamil Nadu, had argued that the prospect of the court waiting for the President’s decision on the mercy plea, as put forward by the Centre, was “completely absurd”. Dwivedi, along with Tamil Nadu Additional Advocate General Amit Anand Tiwari and advocate Joseph Aristotle, had said federalism would go for a toss if that was allowed by the court. The court protected federalism by holding that States had the power to advice and aid the Governor in case of pleas of pardon under Article 161 made by convicts in murder cases. In the long years of litigation, the Centre, had initially assured the Supreme Court that the Governor would take a call on Perarivalan’s pardon plea, only to suddenly change tack in November 2020 to say that it was the President, under advice of the Centre, who was authorised to decide the plea. The Centre had banked on a Constitution Bench judgment in Union of India versus V. Sriharan in December 2015, to argue that Section 432(7)(a) of the Code of Criminal Procedure (Cr.PC) gave primacy to the Union and not the States when the case was tried under a law to which the executive power of the Union extended to. An affidavit filed by the Ministry of Home Affairs last year had submitted that the President of India was the “appropriate competent authority” to deal with Perarivalan’s request for freedom. The Ministry’s short affidavit had said “His Excellency the Governor of Tamil Nadu considered all the facts on record and after perusal of the relevant documents, recorded that the Honourable President of India is the appropriate competent authority to deal with the request for remittance vide his order dated January 25, 2021. The proposal received by the Central government will be processed in accordance with law”. However, Perarivalan’s lawyers, senior advocate Gopal Sankaranarayanan and Prabu Ramasubramanian, used the same Sriharan judgment of the court to counter that the power of State or Central governments to remit sentences under Section 432 Cr.PC and the clemency power of the President or the Governor could not be equated with each other. “Section 432 was a creature of the Code (Cr.PC). Articles 72 (power of President to grant pardon) or 161, on the other hand, was a high prerogative vested by the Constitution in the highest functionaries of the Union and the States,” Sankaranarayanan had argued. The constitutional power of pardon of the President or Governor was “untouchable and unapproachable and cannot suffer the vicissitudes of simple legislative processes”, Sankaranarayanan had explained from the Sriharan judgment. He had argued that the convict was free to choose either the Governor or the President to apply for pardon. The Centre had also highlighted that the case against Perarivalan concerned the assassination of none other than a former Prime Minister. Forty-three other people had sustained serious injuries in the bomb explosion at Sriperumbudur in Tamil Nadu in 1991. But Perarivalan had contended that his role in the crime extended to supplying two nine-volt batteries without the knowledge of what it was going to be used for. He said his confession under the lapsed TADA to a police officer was not valid evidence. He said he was a “19-year-old boy when his mother handed him over to the CBI... and now has lost all his prime youth in prison, that too, in death row under solitary confinement for more than 16 years”. He said his “aged mother and father were waiting for their only son to join them at least in the last years of their life”. Earlier, Perarivalan had sought an order from the Supreme Court to stay his life sentence till the CBI-led multidisciplinary authority’s inconclusive probe into the larger conspiracy behind the assassination was completed. He had described his case as “unique” and had related the harsh circumstances under which he had pursued an education in prison. He had said his health had taken a severe beating from the effects of “death row syndrome”. SP, BSP allege BJP’s role behind Gyanvapi controversy The Samajwadi Party (SP) and the Bahujan Samaj Party (BSP), the main Opposition parties in Uttar Pradesh, have taken a combative stand against the BJP on the Gyanvapi mosque court proceedings and [alleged the role of the ruling party in the ongoing legal controversy](. BSP president Mayawati on Wednesday said the BJP and its allies were selectively targeting specific religious places to divert public attention from increasing poverty, unemployment and soaring inflation. “The situation could deteriorate any moment due to this,” Mayawati said here. The BSP chief said the way in which religious sentiments of people were being stoked “as part of a conspiracy” in the name of “Gyanvapi, Mathura, Taj Mahal and other places” would make the country weaker and not stronger. The BJP should draw its attention to this, she added. Samajwadi Party president Akhilesh Yadav alleged that the Gyanvapi issue was a “conspiracy” of the BJP and its “invisible friends” and “hidden friends.” The BJP rakes up Gyanvapi-like events directly or through its invisible or hidden friends, he said. “On the BJP’s directions, its invisible associates emerge and deliberately sow seeds of hate,” Yadav told reporters in Azamgarh. Yadav said the Gyanvapi mosque was an old one and that even the Supreme Court had said that old disputes could not be raised now. The discussion on communal issues was diverting attention from basic questions such as inflation, Yadav said. The All India Muslim Personal Law Board, while urging the government to clarify its position on the Places of Worship Act, 1991, also sought a clarification from the so-called non-BJP “secular” parties. “Political parties that call themselves secular and just are also silent on the issue, and they are not coming to the fore against this false propaganda the way they should. We hope that they will clarify their position and also stand for the protection of the Constitution and secular character of the country and a clear and loud voice shall be raised by them,” the AIMPLB said. Hardik Patel resigns from Congress In a major setback to the Opposition party in Gujarat, working president of the Gujarat Congress and Patidar quota agitation leader [Hardik Patel on May 18 resigned]( from the primary membership of the party, slamming the leadership for ‘lack of seriousness.’ In a letter to Congress president Sonia Gandhi, 28-year-old Patel resigned saying it had become difficult to remain in the party when its top leadership lacked seriousness to fight for the issues concerning the people. “Today I courageously resign from the post of Congress party and primary membership of the party. I am sure that my decision will be welcomed by all my colleagues and the people of Gujarat. I believe that after this step, I will be able to work positively for Gujarat in future,” he said on Twitter posting his three-page resignation letter. For over a month, Patel had been publicly criticising the Congress leadership and State leaders, accusing them of not allowing him to work and stifling his efforts to revive the party in the State ahead of the Assembly poll due in November. He has also praised the BJP leadership, calling it decisive. Patel had skipped the Congress’s three-day brainstorming session in Udaipur, where the top brass of the party from across the country gathered to deliberate and discuss strategies for the party’s revival ahead of the national polls to be held in 2024. He was last seen with Congress leaders on May 10 when Rahul Gandhi held a tribal convention in Dahod, in which Gandhi showered his praises on another young leader and prominent Dalit activist Jignesh Mevani. It became apparent on May 16 that Patel may part ways with the Congress, and the party leaders hit back at him for his constant remarks against the State leaders. Speculations are rife that he would join the BJP ahead of the Assembly poll. After giving interviews to local dailies, Patel, who rose to fame in 2015 when he spearheaded a powerful Patidar agitation for quotas in jobs and education, praised the BJP leadership and said he was a “proud Hindu.” Sheena Bora murder case: Supreme Court grants bail to Indrani Mukerjea The Supreme Court on Wednesday [granted bail to Indrani Mukerjea]( accused and in jail for over six years in the Sheena Bora murder case. A Bench led by Justice L. Nageswara Rao, without commenting on the merits of the case against her, noted that she had been incarcerated for 6.5 years and there seemed to be no early completion of trial. “Even if 50% of the witnesses are given up by prosecution, the trial would not be over soon. She is granted bail. She will be released on bail subject to satisfaction of trial court,” the Bench ordered. The conditions of her bail would be similar to those of Peter Mukerjea, the co-accused in the case and out in bail since 2020. The Bench remarked that 6.5 years in jail without any chance of the trial ending soon was too long a time. The court had earlier issued notice to the Central Bureau of Investigation and Maharashtra on her bail application. Mukerjea was denied bail by the Bombay High Court in November last year. She is lodged at Byculla prison in Mumbai. She was arrested in August 2015 and denied bail multiple times by the special court trying her case. The lower courts had expressed apprehensions about the possibility that she would influence witnesses or tamper with evidence. Senior advocate Mukul Rohatgi, for Mukerjea, had argued that the trial court had several more witnesses to be examined, and at this rate, proceedings would drag on for another decade. Rohatgi submitted that the trial court had been without a presiding officer since June last year. The senior lawyer said Mukerjea was unwell. Sheena Bora was allegedly killed in 2012. Karti Chidambaram’s associate arrested in visas scam A day after conducting searches on the premises of Lok Sabha MP Karti Chidambaram and others accused in the alleged visas scam, the Central Bureau of Investigation (CBI) on Wednesday [arrested S. Bhaskar Raman]( who was named first accused in the case. Bhaskar Raman, a close associate of Karti Chidambaram, was arrested in Chennai after questioning by investigators of the CBI’s Economic Offences Wing, New Delhi. The CBI has accused him of taking ₹50 lakh bribe to facilitate the re-use of Project Visas for Chinese workers who were deployed in the construction of a 1980 MW thermal power plant at Mansa in Punjab in 2011. Besides other evidences, the investigative agency relied on several email communications between officials of the beneficiary company -- M/s Talwandi Sabo Power Limited (TSPL) -- and Bhaskar Raman. Turkey’s Erdogan links Sweden’s NATO bid to return of ‘terrorists’ [President Tayyip Erdogan said]( on Wednesday Sweden should not expect Turkey to approve its NATO bid without returning “terrorists”, and Swedish and Finnish delegations should not come to Turkey to convince it to back their NATO bids. Earlier, Finland and Sweden formally applied to join the NATO alliance, a decision spurred by Russia’s invasion of Ukraine, with the accession process expected to take only a few weeks despite Turkey’s objections. “We have such a sensitivity as protecting our borders from attacks by terrorists organisations,” Erdogan told MPs from his AK Party in parliament. Erdogan said NATO allies had never supported Turkey in its fight against Kurdish militant groups, including the Syrian Kurdish YPG. “NATO expansion is only meaningful for us in proportion to the respect that will be shown to our sensitivities,” he said. Ankara says Sweden and Finland harbour people it says are linked to groups it deems terrorists, namely the Kurdistan Workers Party (PKK) militant group and followers of Fethullah Gulen, whom Ankara accuses of orchestrating a 2016 coup attempt. Turkish state broadcaster TRT Haber said on Monday Sweden and Finland had not granted approval for the repatriation of 33 people that Turkey requested. “So you won’t give us back terrorists but you ask us for NATO membership? NATO is an entity for security, an organisation for security. Therefore, we cannot say ‘yes’ to this security organisation being deprived of security,” he said. NATO and the United States have said they were confident Turkey would not hold up membership of Finland and Sweden. In Brief Delhi Lieutenant Governor Anil Baijal has resigned citing personal reasons, a senior official said on May 18. He was appointed the national capital’s Lieutenant Governor in December, 2016. “He (Baijal) has submitted his resignation to the president,” the official told PTI. The [Union Cabinet on May 18 approved advancing the target of blending 20% ethanol in petrol]( by 5 years to 2025-26 as well as allowing more feedstocks for the production of biofuels in a bid to cut reliance on imported oil for meeting the country’s energy needs. The Cabinet, headed by Prime Minister Narendra Modi, at its meeting on May 18 approved the amendments to the National Policy on Biofuels, an official statement said. The main amendment is for advancing the target of blending 20% ethanol in petrol (20% ethanol, 80% petrol) to 2025-26 from 2030. Currently, about 10% of ethanol is blended in petrol. 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