Rajiv assassination: CBI opposes convict’s plea for recall of conviction
TIMES NEWS NETWORK 13.03.2018
New Delhi: CBI has opposed the plea of a convict in the Rajiv Gandhi assassination case for recall of his conviction in the light of revelation by a former agency officer regarding mistake in recording his confessional statement and told the court that it was scrutinised at various levels and AG Perarivalan’s role in the conspiracy was well established.
In an affidavit filed in the apex court, the agency said Perarivalan should not be allowed to file petition virtually seeking second review of the case after he exhausted all legal remedies.
The agency filed its reply in compliance with the SC’s order seeking its response on Perarivalan’s plea in the light of former CBI officer V Thiagarajan admitting that the convict was not aware about the conspiracy to kill the former PM.
The officer in his affidavit had told the the court that the convict did not know about the plan and his version of being not aware about the plot was not recorded in his confessional statement which was heavily relied upon by the courts to convict him.
Convict’s application ‘devoid of merit’: CBI
In its affidavit, CBI’s Multi Disciplinary Monitoring Agency (MDMA), which is probing the larger conspiracy aspect behind Gandhi’s assassination, said the application filed by the convict was “devoid of merit” and liable to be dismissed at the threshold with heavy cost.
“The role of the applicant (Perarivalan) in the conspiracy resulting in the assassination of Rajiv Gandhi and others has been upheld by the apex court and overt act has been clearly established by the law. Hence, the claim of the applicant that he is innocent and did not have the knowledge about the conspiracy to assassinate Rajiv Gandhi is neither acceptable nor maintainable,” the agency said.
“The investigation on the role of the petitioner was scrutinised at various levels of judiciary, legislative and executive authority and no fault was noticed on the investigation. His sentence was analysed on various forums in the last 24 years and his sentence was commuted only on the ground of inordinate delay in deciding the mercy petition and not on the shortcoming on the investigation,” the affidavit said.
Perarivalan was about 20 years old when he was arrested and has spent 26 behind bars. He was granted parole in August last year for the first time since his arrest in mid-1991.
TIMES NEWS NETWORK 13.03.2018
New Delhi: CBI has opposed the plea of a convict in the Rajiv Gandhi assassination case for recall of his conviction in the light of revelation by a former agency officer regarding mistake in recording his confessional statement and told the court that it was scrutinised at various levels and AG Perarivalan’s role in the conspiracy was well established.
In an affidavit filed in the apex court, the agency said Perarivalan should not be allowed to file petition virtually seeking second review of the case after he exhausted all legal remedies.
The agency filed its reply in compliance with the SC’s order seeking its response on Perarivalan’s plea in the light of former CBI officer V Thiagarajan admitting that the convict was not aware about the conspiracy to kill the former PM.
The officer in his affidavit had told the the court that the convict did not know about the plan and his version of being not aware about the plot was not recorded in his confessional statement which was heavily relied upon by the courts to convict him.
Convict’s application ‘devoid of merit’: CBI
In its affidavit, CBI’s Multi Disciplinary Monitoring Agency (MDMA), which is probing the larger conspiracy aspect behind Gandhi’s assassination, said the application filed by the convict was “devoid of merit” and liable to be dismissed at the threshold with heavy cost.
“The role of the applicant (Perarivalan) in the conspiracy resulting in the assassination of Rajiv Gandhi and others has been upheld by the apex court and overt act has been clearly established by the law. Hence, the claim of the applicant that he is innocent and did not have the knowledge about the conspiracy to assassinate Rajiv Gandhi is neither acceptable nor maintainable,” the agency said.
“The investigation on the role of the petitioner was scrutinised at various levels of judiciary, legislative and executive authority and no fault was noticed on the investigation. His sentence was analysed on various forums in the last 24 years and his sentence was commuted only on the ground of inordinate delay in deciding the mercy petition and not on the shortcoming on the investigation,” the affidavit said.
Perarivalan was about 20 years old when he was arrested and has spent 26 behind bars. He was granted parole in August last year for the first time since his arrest in mid-1991.
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