- Joe. Maheswaran
- BBC Tamil
2 hours ago
Image source, Twitter
His lawyer has said that the trial in the Rajiv Gandhi assassination case has reached its final stage in the Supreme Court.
Chandan, Murugan and Perarivalan were sentenced to death and Nalini, Jayakumar, Robert Pius and Ravichandran to life imprisonment in connection with the assassination of former Indian Prime Minister Rajiv Gandhi.
The death sentence of Chandan, Murugan and Perarivalan was reduced to life imprisonment in 2014. Various political parties in Tamil Nadu have been demanding the release of the seven.
Last, in 2014, J. announced that all seven would be released. The then Tamil Nadu government led by Jayalalithaa announced and sought the opinion of the Central Government. However, the Central Government said that since the case was being investigated by the Central Bureau of Investigation (CBI), they could decide on the matter themselves.
Subsequently, in 2016, Perarivalan filed a petition in the Supreme Court seeking his release. In this case Judges L. Nageshwara Rao, P.R. The session, which included Kawai, was preceded by a hearing on April 27. The judges then asked, “Why should he (the Supreme Court) be caught in the middle of the confusion of who should be released? Why shouldn’t we (the Supreme Court) release ourselves?” As questioned.
Additional Solicitor General Natraj, appearing for the federal government, said, “The governor has sent the cabinet resolution to the president. A decision on this will be made soon.”
Following this, the judges said, “How many times has the case been adjourned for the Governor to comply with this order? If the Cabinet decision is forwarded to the President, it will undermine the federal character of the Constitution.”
The case was adjourned until May 4. The judges ordered the federal government to announce a clear decision on Perarivalan’s release within a week. At the same time, they asked the Tamil Nadu government to submit a decision on the matter.
In this context, the judges raised various questions to the public prosecutor during today’s (May 4) hearing. In particular, they said, “Why did the governor send the cabinet decision on the release to the president?”
Judges layer upon layer of questions
Image source, Getty Images
Gopal Sankaranarayanan, a senior advocate who argued on behalf of Perarivalan, said the governor has been saying every reason every time. This was strongly opposed by the central government.
Following this, the judges said, ”30 years have passed. There is no problem with epiphany. He has also completed his studies. What is the problem with releasing him? We have already stated that the court will release you if you do not make a decision. One person should not be discriminated against, ” they said.
He continued, ‘No matter what the power of the President or the Governor, no one can act in violation of the Constitution. The Constitution has no one above the law. We cannot order the President and the Governor. But in this case, the verdict can be given on the basis of the constitution, ” the judges said.
Postponed again Why deposit?
Following this, “the president is going to make a decision regarding the governor’s decision on the release of Perarivalan,” said Natraj, the federal prosecutor.
Following this, the judges asked, “I have taken a decision against the decision of the Cabinet and sent it to the President. It is completely unconstitutional. Why does the Central Government support this?” And the judges adjourned the case for a week (next Tuesday).
The Supreme Court judges have already given the federal government a week’s respite. Now the case has been adjourned for another week. Senior prosecutors say the case of Perarivalan’s release has reached its final stage, keeping in mind the judges’ views.
The case has reached the final stage
Attorney Prabhu
Perarivalan’s lawyer Prabhu told BBC Tamil, “The central government has again put forward the old argument, but to oppose the decision of the Tamil Nadu cabinet is against the federal philosophy.”
The Supreme Court has to make a decision in this case. Therefore, the Governor of Tamil Nadu has directed the Union Attorney General to submit the details of the decision sent to the President, ”he said.
Further, the federal prosecutor said that the court should not issue any order until the president makes a decision, noting that it has been sent to the president to decide on the matter. However, the judges did not accept this. In it, the judges said the president had no authority to make decisions.
” The judges were not satisfied with the federal government’s response. The opportunities given to the Central Government are over. The judges said that now we are at a decision-making stage. ” ‘
“Therefore, the governor should not interfere in the decision of the cabinet,” the judges said. They have questioned on what basis the governor sent it to the president. Therefore, this case has now reached its final stage. The legal chances of Perarivalan being released are high, ”said Prabhu.
Supreme Court Justices L.S. Nageshwara Rao, P.R. The session, which included Kauai, last granted bail on March 9. He has since been released on bail.
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