In a landmark verdict, the Supreme Court of India ordered the immediate release of A.G. Perarivalan on May 18, 2022, using its extraordinary powers under Article 142. Arrested at just 19 years old in 1991, Perarivalan spent over three decades behind bars for his alleged role in the Rajiv Gandhi assassination.
The decision ends one of India’s longest-running legal sagas, addressing the perspectives of the Tamil Nadu government, which had long recommended his remission, and the Union government, which had initially opposed it. This development not only grants freedom to a man who entered prison as a teenager but also sets a significant legal precedent regarding the federal powers of a State Governor versus the President.
From Death Row To A New Dawn
The case against Perarivalan primarily rested on the accusation that he supplied two 9-volt batteries used to trigger the belt bomb. Convicted under the now-lapsed TADA (Terrorist and Disruptive Activities Prevention Act), he was sentenced to death in 1998. However, his journey was marked by a tireless struggle for justice, spearheaded by his mother, Arputham Ammal.
In 2014, the Supreme Court commuted his death sentence to life imprisonment, citing an “inordinate and inexplicable delay” of 11 years in deciding his mercy plea. During the final hearings, the Supreme Court bench, comprising Justices L. Nageswara Rao and B.R. Gavai, noted that the Tamil Nadu Cabinet’s 2018 advice to release him was binding on the Governor.
“The Governor’s delay in deciding the remission is subject to judicial review,” the bench remarked, emphasizing that the Constitution must not be brought to a “stall” by administrative inaction.
A Decades-Long Shadow Of Doubt
Perarivalan’s incarceration was often shrouded in controversy, particularly regarding the nature of his “confession.” Years after the conviction, a former CBI officer involved in the case, V. Thiagarajan, admitted in an affidavit that he had failed to record Perarivalan’s statement that he had “no idea” why the batteries were being purchased. This revelation humanised Perarivalan’s plight for many, casting him as a youth caught in a web of circumstances beyond his comprehension.
While in prison, Perarivalan did not let time slip away; he pursued education vigorously, earning multiple degrees including a Master’s in Computer Applications and eventually studying law. His release in 2022 marks the end of a 31-year journey that saw him enter jail as a student and leave as a man who has become a symbol of the fight for prisoner rights and judicial reform.
The Logical Indian’s Perspective
At The Logical Indian, we believe that justice delayed is often justice denied. While the loss of a former Prime Minister was a tragedy for the nation, the 31-year-long imprisonment of a man whose primary “crime” was the purchase of a battery without knowledge of its use raises deep questions about our judicial and executive efficiency.
We stand for a system rooted in empathy and harmony, where the law serves as a tool for rehabilitation and truth rather than just punishment. Perarivalan’s academic achievements behind bars and his mother’s unwavering 30-year crusade for her son’s freedom are testaments to the resilience of the human spirit. This verdict is a win for the federal structure of our democracy and a reminder that even the most powerful offices are accountable to the Constitution.
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