| by L.Annadoure
Disclosure of certain truths by the death row convict in Rajiv Gandhi Assassination case.
 |
| Previous Parts: |
( February 16, 2013, Chennai, Sri Lanka Guardian) The matter of considering the mercy petitions of death convicts imploring clemency from the President of India as of recent past come under many a criticism and controversy. There are some strong reasons why some mercy petitions need necessarily be considered and be allowed. Some reasons could be found in the case of Perarivalan who was a death convict in the Rajiv Gandhi Assassination Case. Given below is his lengthy letter imploringly written.
A.Gna.Perarivalan
Death Row convict
T.C No. 13906
Central Prison, Vellore
My beloved people, My salutations to you!
I who am foisted of commission of offence in the Assassination of Rajiv Gandhi , after being confirmed of the sentence of death by Supreme Court, now one among the death row convicts languishing in prison. I sending this letter with mental agony and with an heavy heart appealing before you my case.
I, who have not done any offence have been made to stand under the noose. Although I am hopeful and I am of strong belief that justice would triumph ultimately my fervent desire is to share with you, human rights activists and learned Advocates, my sufferings in the hands of police, the way by which my signature was obtained , my present mental state and the tortures perpetrated against my person in the prison.
I am very much confident that you would read my letter with considerateness and all humanism and try to understand and appreciate my justifiable contentions and in the end I aspire to conquer your hearts. I am very much eager that this letter of mine should appeal to you and if my appeal before you is allowed then I consider that as an achievement , a step forward in the journey in the vindication of truth.
My parents have had handed me over to the Investigating officers of Central Bureau of Investigation, Inspectors Gangadharan, Ramasamy and yet another officer at 10.30.pm on the 11th June, 1991 at No.50, E.V.K.Sampath Salai, Periyar Thidal, Egmore Chennai. At that time of handing me over to them there were several persons present at the Periyar Thidal.
Earlier, on 10.6.1991 and on 11.6.1991 when enquiry was conducted in my own village Solaiyarpettai ( Vellore District) pertaining the sympathisers of Tamil Eelam and houses of the members of Drivadar Kazhagam the officers had been to my house and enquired about me and since question were posed to my parents in respect of me they had informed the officers that I had been working in the computer section in Viduthalai office, Periyar Thidal and that I was staying at the place and my parents had brought the officers there.
When they took me to Malligai Office they had assured my parents that they would send me back on the next day i.e., 12.6.1991.They had taken me to a room in the upstairs. There, the Deputy Chief Inspector Mr.Raj, police Superintendants Mr.Thiyagarasan and Mr.Salim Ali and many others were present.
They had enquired me about my education and antecedents of my family. When I had answered them that my educational qualifications were in electronics and information Technology, the Deputy Chief Inspector Raj retorted whether I was the one who manufactured the bomb. On hearing said so I was taken aback. I was flabbergasted in understanding how my educational qualifications were connected with manufacturing bombs. There was a small hole found at the fringes of my shirt. As he looked at it, he questioned me whether the said hole in my shirt had occurred in the incident of bomb blast at Sriperumabadur. I had denied such an accusation. He said that “When I was being properly taken care of then I would admit” and thus saying they had entrusted me to two other Inspectors. I was brought downstairs. The Inspector Mr. Sundararasan and two others whose names I could not remember now, had hit me with palms of their hands all over my bare body. One officer was crushing my toes with his boot. Suddenly Inspector Mr. Sundararajan hit hard at my testicles and I was palpitating in excruciating pain and then I had swooned. He who while torturing me thus continued to pose questions in relation to incidents in regards of which I was not connected in any way nor was I concerned with it.
On the following morning , I was taken to the room in the upstairs where I was entrusted to Inspectors Mr.Ramaesh, Mr. Madhavan, Mr. Sellathurai, Police Superintendent Mr. Sivaji. At that time they were known to be adept torturers. I was refused water when asked for. I was denied food and I was denied permission to go for toilet.
The Inspectors Madhavan and Ramesh would ask me to bend over and stretch my hands parallel to ground. While standing thus ( sitting posture) they would thrash at the calves of my legs with stick. Inspector Sellathurai would beat at my knuckles with plastic pipe filled with cement and sand mixture. Among them, Inspectors Madhavan and Sellathuri would raise a tirade of filthy words against me. Some times, others also used to speak invectives but it should be said that they stood above all others. Repetition of such words would be jarring your ears and look uncivil and therefore I do want to say anything about it. The Police Deputy Superintendant Krishnamurthy had also tortured me. But the mode and method adopted by him was different. He would direct me to squat upright against the wall. He would command a constable to pull and stretch one leg to the side of wall and he himself would, with all his might, stretch the other leg towards the wall at 180 degree angle and such painful moments would be immeasurable. The Inspector Vengadeswaran too had tortured me and in fact he used to place pencils or small sticks in between the fingers and press them hard as hard as he could and further he used to insert needles below the nails in fingers and he would trample at my toes and he would do such other similar cruel acts of torture. I had to narrate an instance as to how the CBI officers took pleasure in torturing me. One day an inspector who by saying that I was wanted by another officer took me from the room where I had been and then I was taken to the torture chamber and there I was asked to sit at the floor and myself having sat down there. suddenly, the officer had kicked me boot legged against my left cheek and shouted volubly , “you had come here leaving one country to another as refugee and here you were assassinating our leader”. I felt like crying. The Inspector Madhavan who was sitting and enjoying the scene had informed him smilingly that I was not a Ceylonese but native of Tamil Nadu. Then they had sent me away.
Why I have been constrained to state all is to indicate the very attitude on the part of the police officers whose wont was to implicate innocents person in the offence which they did not do and without even knowing the antecedents of the persons accused of, the nature of offence committed by them in order to obtain laurels and praise from their higher officers and Government.
The name of the officer was Inspector Mohanraj. The office of Police Superintend was situate on the ground floor in Malligai. He would summon me at 2 or 3 o’clock in the early morning. He would make enquiry of some thing. I had to continue answering him and if I had a feeling of sleep coming over me he would hit me. He had subjected me to the aforesaid mental and physical tortures.
They had tortured me to a maximum extent any human being could be put to torture, ill treated me and abused me. They had not given me a bath nor did they allow me to brush my teeth until the 19th day when they had taken me out to be produced before Court contrary to law. On the 19th day when the inspector Ramesh who came to fetch me since could not tolerate the foul smell emanating from my body and since I was to be produced before court permission was granted to take bath.
They had refused to give me water to drink and they said that they would not give water until I had admitted commission of the offence which was foisted against me and sometimes they of their own accord would give me a sip of water and they would not allow me to fall asleep during night time.
To prevent me from falling asleep during night time they had entrusted me to two night duty Constables who would splash water on my face and they used food a weapon and thus I was tortured during the days of my illegal custody and I may cite another instance to show how innocent persons were implicated in this case.
While being in illegal custody, one day the Deputy Chief Inspector Srikumar had come near to me and said, “Dei, the Kollar Thanga Vayal which was next to your village was my village. If you tell me at least where one thing among three was then I would release you”. I questioned him as to what he was asking about.
He answered thus, “ if you show me where either A.K.47 or wireless set or the place where gold biscuits were hidden then I would release you. I retorted by answering that I would give only if I had possessed them or known of them. How I could give which I did not possess.” “In that case no one could save you”, saying thus he had left the room. I would like to refurbish you mind of news about him and this Deputy chief Inspector was one who had been accused of involvement in the death of Kodiyakarai Shanmugam and this was the officer who said that he lost the documents which were said to have been collected by him in respect of the case in London.
During day and night and even at the time of going for toilet I was kept manacled . They used to remove the iron shackles from one hand at the time of taking food. Even abed I used to be kept in shackles and I had been tortured and further several officers had tortured me in their own ways and methods known to them and all their acts of tortures were extremely cruel, barbaric and merciless. At this juncture I would like to point out how I was kept in illegal detention. Firstly, the investigating officer Mr.Ragothamman who in his evidence at page 942 dated 11.6.1991 had admitted of having searched my house in Solaiyarpettai and seized 8 articles.
He had deposed at page 451 of having sent his men to make enquiry about me on 11.6.1991. He did not deny the fact of my mother who had brought some spare clothes there and wanted to meet me on 13.6.1991, of her not being allowed to meet me and of the clothes which were received from her on 13.6.1991 to be given to me. Above all, in the alleged confessional statement, except for the incidents which took place on 11.6.1991 nothing was found mentioned till 19.6.1991 and the confessional statement would allege that I was arrested on 18.6.1991. But the police report would state that I was arrested at 9 AM on 19.6.1991.These aspects are very much indicative of how I was kept in illegal detention for 8 days, tortured beyond description and implicated in the case. Contrary to their assurance that they would release me on 19.6.1991, having been spoken false they had kept me in illegal custody by subjecting me to severe tortures. On 19.6.1991 they were taking me and another accused in the case Robert Payas to Chengalpet.
At that time Deputy Superintendant of police Mr.Raogtohaman, Ramakrishnan, inspectors Igbal, Ramesh had accompanied us. I thought I would be released on that day and the tortures which they had perpetrated against me would come to an end, for I did not know anything about criminal law and I was not aware of the court procedure. I was innocent and I did not involve myself in the commission of any offence of whatsoever nature. Just then the van had entered into Chengalpet court complex
The aforesaid officers had intimidated us that we should not open our mouth and if we remained silent then we would be released forthwith and that if we failed to do then we would be taken back to Malligai and tortured and thus we had remained silent owing to infusion of fear.
Then they led us and kept us outside the court hall and then the Judge had called out our names. He had said something to Deputy Superintendant Ragothaman and thereafter we were taken to the other room.
Subsequently the Deputy Superintendant got into the witness box and he was pleading with the Judge. Once again we were brought before the judge who ordered that he was extending the police custody till 18.7.1991 and I could not understand anything about it and later we were brought away to the torture chamber at Malligai.
During one month period of custody, the officers had begun torturing me between intervals contrary to their usual practice. Without injuries having been caused or inflicted over my person they used to beat at the sole of my feet. For the second time, myself, Robert payas and Kodiyakarai Shanmugam were produced before the Judge Thiru Sithic in the High Court complex. At that time my relations numbering 200 to 300 had gathered there. My name was called out. The Police Deputy Superintendants Ragothaman, Ramakrishnan were present there.
We were stationed out side the court premises in the upstairs. we were strictly warned that we had to appear before the judge calmly, hear what the judge said and nod our heads having understood him and in default we would be tortured to death when were handed over to police custody.
We were produced before the Judge and the Judge had informed that police custody was being extended till 16.8.1991 and after hearing the judge pronounce the orders we left the court hall calmly and in all meekness.
We would not have stood before the Judge not even for half a second. The judge did not even raise his head to look at us. Since we were intimidated and threatened of dire consequences and since the judge did not make any enquiry about us we were not able to submit our grievance before him. Later when I was brought back to Malligai, the Deputy Superintendent Ragothaman had posed the following questions: “ Who were the crowd of people numbering 200 to 300 who were present outside court? Did you ask them to come there? I had answered him that I did not know anything about them and perhaps they might be my relations and I had told him that since I had no opportunity of seeing them I could not say anything about them. And I had continued to state that how I could have asked my relations to come there when I had been kept in the police custody for over a month and upon hearing me say so he had slapped me hard on my cheek and he asked this colleague to thrash me mercilessly and he had tortured me as he could not even tolerate my relations who had come there to see me.
For the third time, the court proceedings were conducted within the premises of the prison, which was brought under the control of CBI, where we had been kept and tortured rigorously. I was removed from Malligai on 3.8.1991and lodged in Pooviranthavalli sub jail. On that day Police Deputy Superintendant Ramakrishnan was in charge and the officers had tortured me in rotation. That was the place from where the witness 52 police Superintendant Thiyagarasan who after having tortured me had obtained my signature in many pages with different dates and some other officers also had tortured me to sign the pages.
I was not allowed to read the contents written on the pages and once again they had assured me that they would let me off if I had subscribed my signatures on the pages. I did not know anything about Terrorist and Disruptive Activities ( Prevention) Act which was quite new and not alone myself but the entire Tamil Nadu was not aware of it then. Under these circumstances, since I was physically weak to tolerate acts of tortures and in order to save my life I had been made to lay my signatures at the places indicated by him.
It was a pity that he himself did not know anything about Terrorist and Disruptive Activities ( Prevention) Act and he appeared to have knowledge about ordinary criminal procedure and penal law. Inside the chamber where I was tortured to make my signature the judge had conducted the proceedings and the entire place was totally brought under the control of CBI. Before I could be produced before the Judge, the Police Deputy Superintendant of Police Ragothaman and other officers had threatened me thus “ if you were to say anything about torture to the judge we would begin torturing you and then we would shoot you to death and say that you had tried to escape and thus we would settle your account”. As I was perennially kept in fear of them, intimidated and threatened by them, owing to the prevailing prison environment and conditions and ignorance of law my tongue was tied down.
Myself and Robert Payas were lodged in the Chengalpet Sub Jail. White garment which used to be given to convicts had been given us and we were not allowed to wear any other dress or to possess any other thing. A mat and a pillow were given.
We later learnt that these things were all meant for death convicts. I did not know then the prison rules. The CBI officer who was a Police Deputy Superintendant used to participate in the proceedings. Each prisoner was produced before the Judge. I did not know then the police did not have right to make further enquiry and I felt that I was absolutely under the custody of CBI and I did not feel that I was being kept in the prison.
It took several days on my part to recover from the shock and thus having recovered somehow I became aware of the Terrorist and Disruptive Activities ( Prevention) Act , confessional statement and the way in which my signature was taken, I had presented an interlocutory petition No. 137/92 dt.11.2.1992 before the Judge explaining how I was tortured to sign on the pages and prayed for making an enquiry about my allegations.
When the charge sheet was filed and when I was furnished with copy of confessional statement and other papers I had filed an application before court I had informed in categorical terms as to how I was tortured to make my signature and why it should not be received on the file. The petition bearing No.582/92 was submitted by me on 26.8.1992 and the allegations mentioned in the said petition was enquired about by the Terrorist and Disruptive Activities( Prevention) Act. Here I would like to mention a distressing and disheartening matter. The Supreme Court justice Wadhwa who at Page No.87 would state that accused person had not addressed before the trial court that he was mentally affected because of wielding of force and administration of third degree methods of torture and that he had signed the confessional statement under torture. The Judge states in categorical terms state that I had not raised any allegations in respect of torture. In fact, in the petitions filed before the trial court on 11.2.1992 and on 26.8.1992, while cross examining the prosecution witness No.52 Police Superintendant and even while answering the question posed during questioning under sec 313 of Criminal procedure code the fact of having wielded physical tortures against my person to obtain confessional statement was addressed to but it was my misfortune that the Supreme Justice should overlook these aspects. Marriage of my elder sister was held on 1.9.1991 and I had filed a petition before the trial court Judge that I might be permitted to participate in the marriage function and although my presence and participation in the celebration of marriage was necessarily required as I was the only brother my prayer was not granted. The event of my sister’s marriage without my presence had saddened me . As for as myself was concerned I was not at all held an ordinary prisoner and my performance and conduct were not taken into account and it was the importance and the status of the dead person that determined everything and new rules were made especially against us. For instance, despite the Supreme Court having ruled to the effect that even a death convict should not to be kept in solitary confinement I am being kept in solitary confinement down to this day. There are instances of commutation of death sentence into one of life imprisonment only because the death convict was kept in solitary confinement. I am being kept in solitary confinement for the past eight and half years and I have been languishing in solitary confinement. We had filed writ petition No.13359/91 before High Court of Judicature at Madras in this respect and although some reliefs were ordered to be given, there was blatant refusal to implement the order. The Government had passed an order that only the blood relations ( parents, brothers and sisters, wife and children) were permitted to visit us and the said order was in force for about three years from 1992. My grand parents were denied permission to meet me in the prison. My grand mother had filed many a petition before Government seeking permission to come over the prison for meeting me. Since High Court of Judicature at Madras had cancelled the order she was able to come and see me there. My parents and close relations alone were permitted to make visits to the prison to see me and they were also subjected to unnecessary troubles under the pretext of maintaining security. Many of them had averted coming to the prison fearing unnecessary troubles they had to face. Even if my parents came to visit me they could see me only through glass partition. It was covered with glass panes. No direct talk was possible and there were show of signs and it was sad thing that a mother could not touch the fingers of her son.
Such troubles were experienced not alone by my close relations but also my advocates who came to meet and obtain instructions from me and I was struggling a lot to give instructions to them in respect of my case.
We had brought to the notice of the Special court and High Court about the difficulties which we had been encountering all along and I will say with much conviction that no other prisoner would have been denied of the basic rights, and the right to consult and give instruction to his counsel. In spite of High Court having granted permission I was denied permission to discuss and consult with my counsel and give instructions to him till to the end.
After I was lodged in Poonamali Prison in 1993, the Government had ordered that I was not to be taken out side on any account and therefore we had encountered difficulties and even to be taken to the Hospital, we had to fight a protracted legal battle. Since the room where I was kept was situate overlooking the prison high walls I had been deprived of looking across the street and we had seen people and streets when on being shifted to different prisons and or taken for medical treatment 7 or 8 times in about eight and half years of solitary confinement and thus I had been languishing in the solitary cell.
Poouvrinathavalli prison in entirety was canopied with iron rods and the floor was concretised. During summer days I suffered a lot owing to heat. I was under mental depression which in the end gifted me with the malady of high blood pressure in my 24th year. I am being kept under medication for the said malady.
I had also underwent Ultrasonic diagnosis and Echocardiogram and now I pull on life by consuming tablets. I have represented the matter to human rights Commission. Thiru Sharma from Human rights commission once had visited the prison in 1996. The sufferings and the plight of my parents for the past 15 years is very pathetic and they are suffering a lot because I have been suffering. Believing the CBI as the custodian of law and entrusting their only son who hardly turned 20 to its officers was the only mistake my parents had committed and they are paying the price now for their thoughtless forwardness in handing over to them, for the past 15 years on end and their lives have also become very bleak.
Not alone my parents but also my younger sister who has passed a degree in Computer Science in first class has postponed her marriage in anticipation of my release and her life is also sown with sadness.
Such a plight has befallen me who have not done anything amiss but it appeared that the sentence has been imposed on all who are related to me. What was the reason for suffering? It was solely the confessional statement which was prepared by the police officers and obtained my signature by torturing me and the sentence handed over basing the said confessional statement.
We had not committed any offence under the Terrorist and Disruptive Activities( Prevention) Act and Supreme Court has held that Terrorist and Disruptive Activities( Prevention) Act would not be applicable to the case but at the same time it held that the confessional statement where signatures obtained by the police officer wielding physical force, which is part of draconian law, would hold good and it has struck only the section of law as non est. Delivering a sentence and for that matter a sentence of death on the basis of alleged confessional statement cause distress and sadness in me. That law is not in force at present and the law that was adjudged not applicable to the case had abandoned me to the cruelty of my torturers in police custody for 60 days on end; they had protracted filing of charge sheet for over one year; they had objected so vehemently in denying me bail; I had been deprived of right to file first appeal before High Court; the trial of case having been conducted in all secrecy; tutoring the witnesses while keeping them under their control; validity of statement given before police officer and the accused himself proving his innocence are some of the inherent defects, blatant violation of basic rights of an accused. Who will give back their lost days?
Nevertheless I was of strong belief and confident that the Supreme justices who held that Terrorist and Disruptive Activities ( Prevention) Act was not applicable in our case would also weigh and consider those aspects in a disinterested manner which I have stated in the review petition but I was hopelessly disappointed in that.
At this Juncture, I would like to point out certain aspects which vouch and attest to untrustworthiness of the alleged confessional statement.
1.How could one come to believe the statement alleging the recording of confessional statement on 14.8.1991 and on 15.8.1991 just two days before the expiration of 60 days period of police custody which fell on 16.8.1991?
2.It was said that all the 17 accused had made confessional statement a day before the expiration of police custody.
3.How are we to believe the evidence of witness No.52 police Superintendant Thiyagarajan who was a component part of the Special Investigation Team which was appointed to investigate the Rajiv Gandhi Assassination Case?( page 35, Justice Thomas )
I would like to mention here about another case where participation of the witness 52 Thiyagarajan had become highly controversial and therefore, whether the evidence tendered by the witness 52 Thiyagarajan alleging that he had recorded the confessional statements in our case could be admissible and questionable?
‘The Front Line’ magazine had exposed the way in which he had conducted himself in a particular case in Kerala and that would vouch for the untrustworthiness and incredibility of his deposition. I have answered during questioning under section 313 of Criminal procedure code by bringing to light such plea of mine and once again I have stated my plea in the written statement.
The witness No.52 Thiyagarajan who while deposing in evidence had stated that he had, just a little before 11 o’ clock at night on 14.8.1991, came to the poonathmalli sub jail and engaged himself in 1st days’ recording of confessional statement of Robert Payas and he would continue to state that such an activity had protracted for about half an hour.
But he himself while deposing in respect of my case would state that he had, on 14.8.1991 just a little before 11.30 pm, come to the poonamalli sub jail and had engaged himself in the first day’s recording of my alleged confessional statement. Therefore it becomes explicit that he had prepared the confessional statement well in advance and deposed mechanically.
In the alleged confessional statement where my signatures were obtained by torturing me, in the first day’s recording the name of Robert Payas was found mentioned there. Were I really to have made confession and such a confessional recorded by him then how come the change of name in the confessional statement?
The alleged confessional statement would state that I was in Chennai on 3.5.1991 and on 4.5.1991. As per the deposition of the witness No.75 Vasantha Kumar I was with him on 3rd or 4th in Tiruchi.
The alleged confessional statement would state that I was the one who gave the photographer Haribabu the roll of film ; in the alleged confessional statement of pakiyanathan it was he who gave the roll of film ; in the statement of witness No.72 Ramamurthy recorded under sec. 164 criminal procedure code it could be found stated there that it was Suba Sundaram who had given the roll of film and it was said that Haribabu himself used a roll of film at the site . Nevertheless I was being implicated in the crime. Was the accusation against me justifiable?
The alleged confessional statement would state that I had purchased two 9 volt batteries during the 1st week of May and therefore the period ‘first week of May 1991’came to be a launching pad for prosecution for implicating me in the case ( Judgment page 300 Justice Wadhwa) But the version of the witness No.91 Moideen shop keeper was different. He would state that it was second week of May 1991.
In the alleged confessional statement it would be found stated there that Sivarasan had made use of those two batteries in the blast. But the expert witnesses No.252 Seenivasan, the witness No.257 Major Sabarwal and the witness No.280 Chandrasekaran in unison would state that a single battery was used in the blast.
It was there in the alleged confessional statement that witness No.75 Vasantha Kumar was close associate of Sivarasan but the said witness himself had deposed that he knew not any person in the name of Sivarasan.
In the alleged confessional statement it was found that on 22.5.1991 I had removed my belongings from the house of Pakkiyanathan. On the contrary, in the deposition of the investigating officer Ragothaman and in the document No.1344 exhibited on the side of prosecution it was mentioned that it was only on 24.5.1991.
In the alleged confessional statement it was found stated that Sivarasan was said to have requested me to inform Suba Sundaram in respect of burial of the body Haribabu. As per the confessional statement pertaining Pakkiyanathan it was I who went to Suba Sundaram to ascertain the address of Haribabu. Aforesaid instances are only a few and there are many more. There would not have been any eventuality for contradiction and contrary version if the path of truth was duly followed.
It was coincidence that some statements in the alleged confession which were are contrary to facts in themselves help my case. With some factual aspects the prosecution had built a story and the alleged confessional statements had been tailored in a way to suit their a case. Sentence of Death was imposed mainly on the basis of the alleged confessional statements.
Despite my staunch objection to the contents of the alleged confessional statement, were it to be believed true then without prejudice to my contentions and rights ,without admitting the alleged confession in any way and assuming for the sake of argument, I state that still there were some aspects which are beneficial to my claim and I would like to bring them to your notice and knowledge.
The alleged confessional statement would be found with such statements like the following ‘I was working for the LTTE on payment of monthly salary; I was working for many LTTE members and since Sivarasan was a senior member I had agreed to work for them’. No where in the confessional statement was there any allegation as regards my acceptance to work for them so as to have become accomplice in the assassination.
The Exhibit No.P.392 dated 7.5.1991 which was alleged to be a telegraph message gives one to understand that the conspiracy was known only to Sivarasan, Suba and Dhanu. The Supreme Court Judges themselves admit it. As per the alleged confessional statement said to be mine, it was stated there that it was I who had purchased motor cycle, car battery, 9 volt battery for Sivarsan well before 7.5.1991 and therefore there was absolutely no prior knowledge about the purpose for which things were said to have been purchased.
The alleged confessional statement contained an aspect that ‘on the night at 9.30pm on 21.5.1991 at the time of bomb blast I had been away to see a movie along with Pakkiyanathan’. Had I known of the alleged incident at earlier point of time, had I been an accomplice then whether I could watch a movie along with a friend when at the time of commission of offence? ( The alleged confessional statement mentions that I came to know of the assassination of Rajiv Gandhi while returning after watching a movie)
The alleged confessional statement would state that it was Sivarasan who had informed me the particulars of the incident on the morning on 23.5.1991 and again it was Nalani who had described the incident in the evening and the statement further states that I deemed inadvisable to continue my stay in the house of Pakkiyanathan and that therefore I had removed myself away. Had I known of the incident at earlier point of time I would have gone away before 21.5.1991and that since having known of the incident through Sivarasan, Nalini on 23.5.1991 it is found mentioned that I had changed residence.
The alleged confessional statement narrates that I had straight away went to my native village Solaiyurpettai from the Pakkiyanathan’s house. Had I committed any offence , were I to be guilty conscious then I would have certainly not gone to my house but I would have sought a hiding place so as to hide myself.
There was no probe or investigation done as regards the kind of bomb that was used in the commission of offence and this aspect was pointed out by Justice Jain Commission and further Multi Disciplinary Monitoring Agency has now been instructed to investigate about it. Therefore in the days to come, if real probe or investigation is done as regards the kind of bomb that was used and the culprits involved are found out and if I am found innocent then what of the tortures, sufferings to which I was subjected and which I had undergone? India Today in its May 21 -June 5 1996 issue had pointed out and exposed the existence of several loop holes pertaining the kind of bomb that was used in the commission of offence and I have stated about it while being questioned during examination under sec.313 of Criminal Procedure code. I hope that what have been stated above is suffice to hold me not guilty.
My beloved people, my prayer is this. There may arise a question as to why I have not stated all these things in the Review petition and that have I stated these aspects in the Review petition the Supreme Court Judges would have considered them. The truth of the matter is that my counsel has stated in the Review petition not alone those points which are stated above but he has submitted many more points during argument and these and many aspects have been raised in the Review petition. we have stated in the Review petition of my innocence and of the injustice done to me. But however justice is denied to me.
It is my misfortune that Justice Wadhwa who while disposing the Review petition should say in the following way, “Mr. Natarajan, who appeared for the convict review petitioners, submitted that the convict was not challenging the finding of guilt of the petitioners and that he was confining the review petitions only on question of award of death sentence”. I staunchly believe that if you happened to read my Review petition you may infer the answer to the above statement. I have reposed confidence and belief in the dispensation of justice by Supreme court. But I feel highly disappointed. Please do not presume what I have stated above is an accusation against Judiciary. But however I will say with much conviction that so for my case is concerned there is slight faltering in the dispensation of justice and at the same time I am also aware that generally people will believe only what the courts have said. I am very much eager to bring to light the truth of the matter at least before the intelligent people and Human rights activists. Even though you could not hand over to me the order for my release, when you come to feel at any time that I am an innocent person, that in itself I consider an victory towards vindication of truth.
I have pointed out the contradictions inherent and the factual misrepresentation contrary to truth in my case. I am of firm belief and hopeful that you would be pleased to read them and realise that there were the apparent errors on record.
You have already known what the Draconian Terrorist and Disruptive Activities ( Prevention) Act is and you also know how dangerous especially sec. 15 of Act which speaks of Confessional statements
We have been prosecuted under the Terrorist and Disruptive Activities( Prevention) Act but however in the end the Supreme court has held that Terrorist and Disruptive Activities( Prevention) Act would not be applicable in our case and held that we are not terrorists but the confessional statement would hold good in our case and having imposed death sentence on the sole basis of the alleged confession statement is what hurts me most painfully. We have been made a play thing for Sec. 12 and 15 of Terrorist and Disruptive Activities( Prevention) Act.
When I heard about the sentence of death confirmed by Supreme Court I felt that the judges have supported imposition of Death sentence. The words of Lenin, “do not think that the truth alone will emerge because the Judges are weighing and considering the contentions of both the parties judiciously’ made me to introspect and there was feeling of sadness creeping over me.
I have not done any wrong which the law will hold be guilty. I am innocent in all judiciousness. Despite there being my contentions and rights, the status and position of the deceased in the society has come in the fore to determine the result.
The idiosyncrasies of a few on many occasions hold the destiny of others in question and precarious. There are many instances extant to vouch for the statement. When Sekar Singh was hanged no body has raised any voice against it. I feel happy to know my position is not so. The words resounding in favour me gives vigour and sows seeds of belief in the future.
These words of mine are not mere ravings of a mad man but truth lurking in the heart of an innocent man. Although I am confident that truth will emerge ultimately others must know what took place within four walls and this appeal is a result of that.
Perhaps this appeal of mine may appeal to many truth loving and humane personages to join me in my path for vindication of truth and I write in anticipation of such an eventuality.
My supplication is, please approach the matter with an open heart and see my case in accordance with the law and rule
See for yourselves the dedication of a mother who is fighting for the truth and justice for her son for the past 15 years on end. At least for her dedicated work, the truth must triumph. Be pleased to help me.
I do not think there is any other accused person in the history who would still maintain his being innocent of the crime foisted against him and plead for justice even after the Supreme Court has confirmed the sentence of death. I am seeking justice because I have been overburdened with injustice. Please help me to unload my agonies. Let the mental agonies, the physical sufferings which I bore be gone and end with me. Let the dawn bring in an administration and dispensation of justice which could treat all equally, let the tyranny of annihilating the innocent people with the help of draconian law be got ridden of. Finally, with quoting the couplet of great universal code of Peru Navallar I end my prayer.
எப்பொருள் எத்தன்மைத் தாயினும் அப்பொருள்
மெய்ப்பொருள் காண்பது அறிவு ( Whatsoever be the nature of things, it is wisdom that makes see the truth of things.) Let justice triumph.
Sincerely
A.Gna. Perarivalan
[Sincere thanks to Tamil win, Saturday, 09 February 2013, 08:06.47 AM GMT ]
What we have read above is the ravings of an innocent man. Let us discuss a little about Perarivalan, the death convict in Rajiv Gandhi Assassination who was hardly 20 years old at the time he was handed over to CBI at Periyar Thidal, Chennai. One may see that he should have completed his schooling then or he should have completed his 10th standard then continued and completed his technical course in electronics and information technology and found a job as a computer operator in Viduthalai office and he was said to have been staying there and we must notice that he was just on 20 which mean he ought to have been working for about a year or so and that being so then how authentic and valid the statements like working for LTTE etc.
Tying the loose ends together does not mean implicating innocent people. The people are wondering what really was amiss with the investigation done in the Rajiv Gandhi Assassination Case.
M.K.Narayanan then Chief of Intelligence Bureau had collected the video cassette and suppressed the video cassette and he had not returned it even after conclusion of investigation.
The Chief Investigation Officer Mr.Ragothaman feigns ignorance of suppression of the said Video Cassette and he writes books tendering different version of the story and perhaps he is trying to find some solace for his guiltiness.
We are also given to understand that vital documents pertaining to LTTE and documents in respect of Rajiv Gandhi Assassination were lost to the Central Government.
Mr.Kartkikeyan the Chief of the Investigation Team takes the plea that his memory has sunk into the cup of oblivion.
The Special Investigation Team should have been aware of the culprits behind the assassination but it was trying to shield and protect persons who were all involved in the conspiracy to assassinate Rajiv Gandhi and who were persons who were behind the murder is the question now? Whether Multi Disciplinary Monitoring Agency which sought extension of its existence has gone into such vital questions.
The Deputy Chief Inspector Srikumar was sent to London to in vestigate the case and he also appeared to have collected documents but he had simply said that he had lost the documents at the Airport in London. Mr.Karthikeyan also admits the loss of documents in his book ‘Rajiv Gandhi Assassination Investigation.’ The allegation of the Deputy Chief Inspector Srikumar was the documents were lost to him while being in London. People want to know the steps that had been taken to trace out the documents and if he had not pursued the matter diligently well then it could be safely concluded that the allegation of having lost the documents should have been false and he himself was suppressing the evidence for the purpose of shielding the culprits.
People are very eager to know what steps have been taken to prosecute these people who have had suppressed vital evidence and why these innocent people should have been foisted in the case, tried in secrecy and should languish in prison endlessly!
But we find these people have been given promotion for suppression of vital pieces of evidence.
The Deputy Chief Inspector Srikumar was posing the question relating to the whereabouts of A.K.47, wireless set and gold biscuits. The Deputy Chief Inspector Srikumar was one who was said to have had his hand in the death of Kodiya Karai Shanmugam.
When on being accused of purchase of car battery the question of who purchased the charger to charge car battery used to pop up often and therefore who purchased the charger is the question? Whether those things said to have been purchased by Perarivalan were very hard procurable and that only an 20 year man could and should purchase them!
The Special investigation Team must somehow wash its hands of the whole matter within a short while and the team members have been vying with one another for a shower of high encomium and for laurels for their work from Government and from people at higher places.
A word must be said of the Forensic Expert. He had started his carrier with a M.Sc.in physics but he would claim himself as a master of all trades and that the masters degree in physics has made him to expertise knowledge on all subjects and that was why when the Central Government expert in Ballistics had tendered his report that hand grenades alone were used in the assassination Mr.Chandrasekarn would raise his objection to the conclusion and wanted a report on the line of use of RDX explosives.
Mr.Chandrasekaran was the one who had done fabrication as regards the strip of film said to have been shot by Haribabu at the bomb blast site and he would state that there being 10 frames and we would discuss about them elaborately another time and before we could leave I must say in categorical terms that the 10th frame which was said to be the explosion was a fabrication done by him and I hereby throw a challenge to prove that the 10th frame was shot by photographer Haribabu.
The readers may wonder how we could advance and venture to say such a thing. Here is my answer. The picture in the 10th frame appearing to be an explosion at the scene was a work of pure fabrication and manipulation done by the forensic Expert Mr.Chandrasekaran because he should have procured a picture appearing to be an incident of a bomb explosion or culled such a picture probably from a TV show and in fact embedded over the said picture were four lines in Devanagri script and in fact some letters are decipherable and his apparent effort at erasure of those lines of Devanagri script ended in futility or perhaps he should have been under the impression that those lines were already erased. Again we may with much conviction state that those 10 frames were not shot with Kodak 100 5095 film using Chinon Camera as alleged by Mr.Chandrasekaran and therefore an investigation must have to be done in this respect.
To be continued.
