A G Perarivalan, one of the accused in the assassination of former Indian Prime Minister Rajiv Gandhi, was granted bail after spending 31 years in prison. This article explores the details of his case, the controversies surrounding it, and the broader implications for capital punishment in India.
The assassination of Rajiv Gandhi occurred on May 21, 1991, and was carried out by the Liberation Tigers of Tamil Eelam (LTTE). Rajiv Gandhi had deployed the Indian Peace Keeping Forces (IPKF) in Sri Lanka, and concerns about his re-election and redeployment of IPKF were major reasons for his assassination.
A G Perarivalan was arrested on June 11, 1991, at the age of 19, for his alleged involvement in the assassination. He was accused of buying two 9-volt batteries used in the bomb. In 1998, he was sentenced to death by a TADA (Terrorist and Disruptive Activities (Prevention) Act, 1987) court, along with 26 others involved in the conspiracy.
In 2013, it was revealed that Perarivalan's confession was altered by former CBI SP V Thiagarajan to imply he knew the batteries would be used in the bomb. This confession was accepted as substantive evidence rather than corroborative, against conventional practice under the Indian Evidence Act, 1872.
In 2014, Justice KT Thomas cited 'double jeopardy' and argued that hanging Perarivalan after 23 years would be unconstitutional. Consequently, the Supreme Court commuted the death sentence to life imprisonment.
Multiple mercy petitions were filed on Perarivalan's behalf. Former President Pratibha Patil rejected a petition in 2011 after 11 years. The Governor of Tamil Nadu received another petition in 2015 but did not respond. In 2018, the Tamil Nadu cabinet recommended the release of all seven defendants, but the governor ignored this suggestion.
In 2021, the Supreme Court used Article 142 to grant bail to Perarivalan, preventing further injustice. The court acknowledged the extraordinary delay and the questionable legitimacy of the evidence against him.
Perarivalan's case highlights significant delays in the judicial system. He was arrested at 19 and granted bail at 50, enduring over three decades of imprisonment due to procedural delays and inadequate evidence.
The arbitrary nature of imposing the death penalty is a major concern. In Perarivalan's case, his sentence was based on a coerced confession, and the evidence was not sufficient to justify the death penalty.
The case underscores the need to reconsider capital punishment, which many argue violates human rights and dignity. Numerous international and national human rights organizations have called for its abolition.
In India, the death penalty is reserved for the 'rarest of rare' cases. However, errors in judgment can lead to irreversible consequences. Between 2000 and 2015, the Supreme Court admitted errors in 25% of death penalty cases.
Many countries have abolished the death penalty, citing its ineffectiveness as a deterrent to crime. The United Nations General Assembly has stated that there is no conclusive evidence supporting its deterrent value.
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