[BREAKING] Rajiv Gandhi assassination convict AG Perarivalan granted bail by Supreme Court

In a significant development, the Supreme Court on Wednesday granted bail to Rajiv Gandhi assassination convict AG Perarivalan who had moved the top court seeking remission of his sentence [AG Perarivalan v. State of Tamil Nadu].A Bench of Justices L Nageswara Rao and BR Gavai noted that Perarivalan has already undergone 32 years in prison and there were no complaints about his conduct when he was released thrice before on parole."There is no dispute regarding the fact that Perarivalan has undergone 32 years of sentence. Applicant was released on parole thrice earlier and there was no complaint about his conduct during the release. We are informed that applicant is on parole at present. Taking note of the fact that he has spent more than 30 years in jail, we are of view that he is entitled to be released on bail," the Court ordered..Taking note of the fact that Perarivalan has spent more than 30 years in jail, we are of view that he is entitled to be released on bail,"Supreme Court.The Central government through Additional Solicitor General (ASG) KM Nataraj strongly opposed the same stating that Perarivalan is a convict who was sentenced to death before the Supreme Court had in 2014 commuted the same to life imprisonment."It's for life. Imprisonment is till life. He was a death row convict. When remission has been given subject to life then how can it be reduced again," the ASG asked."We can grant bail then subject to remission," the Bench responded.He is entitled to be released on bail despite of repeated opposition by the Additional Solicitor General, the Court said in its order."Bail will be subject to conditions by trial court and he shall report to CBI officer on first of every month. For the present time let him report on local police station," the Court further directed.The matter will be heard again in April..Perarivalan was convicted and sentenced to death when he was 19 for aiding in making the bomb responsible for the assassination of former Prime Minister of India, Rajiv Gandhi. The Supreme Court had in 2014, commuted his death penalty to life imprisonment on the ground of delay in deciding their mercy petitions.It has been a protracted period of seeking clemency since the question of who would be the competent authority to grant pardon continues to be a subject of many interpretations.Perarivalan had applied to the Governor for pardon on December 30, 2015. Almost three years later, in September 2018, the Supreme Court asked the Governor to decide the pardon plea as he “deemed fit”. Three days after that, on September 9, 2018, the Tamil Nadu Cabinet recommended to the Governor to remit Perarivalan’s sentence and release him forthwith but the Governor is yet take a call on the same.The Supreme Court had, on November 3, 2020 said the investigation into the assassination need not deter the Tamil Nadu Governor from deciding the plea for pardon of convicts like him who have been serving their sentence in jail for over two decades.Even the Central Bureau of Investigation (CBI) had told the Supreme Court in October 2020 that the Governor of Tamil Nadu is the competent authority to decide on request for remission.However, the Governor has maintained that the President is the competent authority to take a call on remission