S.DORAISAMY, ADVOCATE, VICE PRESIDENT, THANTHAI PERIYAR DRAVIDAR KAZHAGAM, letter to governor regarding rajive gandhi case

[11/17, 22:00] Mhc Advt Elango: 17.11.2020

FROM

S.DORAISAMY,
ADVOCATE,
VICE PRESIDENT,
THANTHAI PERIYAR DRAVIDAR KAZHAGAM,
No.223, NSC Bose Road,
YMCA Building, 2nd Floor,
Chennai – 600 001,
Cell: 94440 53688,
Email – dorai.elangovan@gmail.com

TO

THE GOVERNOR,
GOVERNMENT OF TAMIL NADU,
RAJ BHAVAN,
GUINDY – 600 032.

Respected Sir,

SUB: Request to release 7 convicts viz. Nalini & 6 others – reg:

I am practicing advocate in the Madras High Court for the past 50 years. I am an ardent follower of Thanthai Periyar E.V.Ramasamy and belong to his Party called Dravidar Kazhagam. During 1975 emergency, I was arrested on 31.01.1976 by the orders of Mrs.Indira Gandhi and detained under the MISA in Madras Central Prison and Coimbatore Central Prison for full one year and was released from jail on 28.01.1977. Before that during 1965 as a student leader fought against the imposition of Hindi as a sole official language and jailed thrice for 2 months. This is only for a just an introduction.

Sir, I am penning this letter to bring to your knowledge the real facts about the 7 convicts in the Rajiv Gandhi murder case. I think that you are under a wrong impression on the basis of the CBI prosecution story that they are hardcore militants who are part of killing Rajiv Gandhi a shining star of the 20th century. The entire prosecution case is 100% false. With the authority that I appeared for the most of the 26 accused in the murder case that the charge sheet was only a fiction and not a real one. In short I will tell the fact:

The murder took place on 21.05.1991. At the beginning the State Police registered a case and later on 30.01.1991 the case was transferred to CBI and the CBI registered a case under the provisions of the TADA Act.

Immediately there was a meeting of top officials at New Delhi consisting of Home Secretary, Director of CBI, Director of RAW etc., Somebody doubted the hands of ULFA, Kalistin Militants, Kashmir Militants, R.S.S, Islamic Fundamentalist and Liberation Tigers of Tamil Eelam (LTTE). At that time the Director of RAW who was in charge of the activities in Sri Lanka told the meeting categorically that he personally knew that the LTTE had no hand in the murder. But the CBI for no reason proceeded to collect evidence against LTTE only and refused to find out the real fact.

Needless to say that on the eve of the murder of Rajiv Gandhi, the Congress men attacked the DMK and DK personal and damaged their property set fire to the vehicles and factories. The DMK organ Murasoli office was set fire and was burning for two days. On 25.05.1991 the DMK party conducted a rally from Periyar Statue at Anna Salai for condemning the vandalism by the Congress men and held a meeting in front of Arivalayam. While I was walking in the rally some unknown person came to me and shown a photograph appeared in the Hindu Daily were the Human bomb Dhanu along with two other ladies were awaiting at Sriperampudur meeting. He told me that a photo of one male person is hided who is the real culprit and human bomb Dhanu was seen at the house of Congress Party candidate Maragatham Chandrasekar. When I spoke in the meeting I told all these things and questioned why the male person’s photograph was hided and requested the police to find out the fourth person in the photo published in the Hindu and find out whether the human bomb Dhanu was frequenting with the inmates of Maragatham Chandrasekar. But no such investigation was conducted. My speech was published in almost all the Press. After three days the 4th person’s photograph was published in the Hindu on 28.05.1991. He was Sivarasan. Why his photo was hided. How the photo which which was in the custody of the police was published in the Press. There is no answer. It is a mystery.

The CBI aimed at the D.K. men. Between 1991 June 16 to 20 the CBI picked up three of our partymen namely O.Sundaram, Avadi Manoharan and Balaguru suspecting their involvement in helping Sivarasan and Driver Rangan. I filed Habeas Corpus petitions in the Madras High Court on 22.06.1991. After notice by the High Court all of them were released immediately by CBI. If I have not filed the Habeas Corpus Petitions, the CBI might have implicated them in the murder case and the Trial Court would have given the death penalty.

The CBI invoked TADA Act in this case. It is a Draconian Act. I filed a writ petition before the Madras High Court that the TADA Act cannot be invoked in Rajiv Gandhi case since the object of the Act is only to prevent terrorist acts and it cannot be applicable to a single murder of an individual. But the Madras High Court rejected my case. Finally after the conviction, when the matter went to the Supreme Court in 1998, the Supreme Court said ‘yes’, the TADA Act cannot be invoked in this case by its judgment dated 11.05.1999 since it is a murder of a single individual and it is not a terrorist act and can be proceeded only under the ordinary law. What I said at the beginning in 1991 was approved by the Supreme Court in 1999. However the Supreme Court ruled that though the TADA is not applicable to this case but the confession statements recorded under section 15 of the Act would be considered as valid and the accused can be convicted on the basis of such confession. It is an irony. But what to do. The ruling is of the Supreme Court and there is no further appeal.

The Supreme Court while acquitting the other 19 accused has held there is NIL evidence against all the accused and it is a false case against them. But these 7 persons were convicted only because of the so called confession statements and not on any tangible evidence. The confession statements are not true. They were written by the CBI officer to suit their convenience. One example. One of the 7 persons in is one Santhan @ Suthendra Raja. According to the confession statement written by S.P.Thiyagarajan IPS on 21.05.1991 when Sivarasan, Subha and Dhanu are about to proceed to Sriperumpudur at 4.00 PM from outskirts of Madras, Santhan gave a send off and after the incident when Sivarasan and Subha returned home in the mid night according to the confessional statement of Santhan opened the door and thereafter Sivarasan explained Santhan what had happened at Sriperumpudur. This is an utter false story. why?

Governor Sir, after the final verdict of the case in Supreme Court the Chief Investigating Officer Mr.Ragothaman wrote a Book on the murder trial of Rajiv Gandhi. It seems during investigation he had hided some photos and documents for his personal. In his book he published a photograph in which it is found that Santhan was presenting a towel to Rajiv Gandhi just before the blast at Sriperumpudur and Ragothaman wondered it is contradictory to the confession statement of Santhan. But the photograph clearly shows it is Santhan. Thus the 1)confession statement of Santhan recorded by the CBI is wrong, 2) What made Santhan a hardcore LTTE to come to Sriperumpudur. 3) when only 17 Congress Personal were given permission to garland Rajiv Gandhi how he got the permission from the Congress leaders.

Thus the story of the CBI that Santhan opened the doors at midnight for Sivarasan and heard the story of incident from him is false. So also the case of Nalini. On the date of signing of the confession statement, it is proved fact that she was lying in a bed due to illness because of her pregnancy. She did not give any statement. But written by the S.P. Thiyagarajan IPS. In the case of Perarivalan later on the said S.P.Thiyagarajan IPS who met with many tragedies in his family openly gave a statement apologisizing the recording of a false confession statement.

Most funny story of CBI is one of the accused Mrs.Padma was working as a Nurse in a private Hospital at that time. Dhanu who was the human bomb had a swelling in her knee and was paining not able to walk freely. Mrs.Padma prescribed some medicine. Dhanu got cured and went to Sriperumpudur and successfully executed the crime. The charge against Padma was only because Padma gave medicine to Dhanu, she got cured and only because she got cured she went to Sriperumpudur and killed Rajiv Gandhi and if Padma did not give medicine, Dhanu would not have gone to Sriperumpudur. Hence Padma is responsible for the murder. The Supreme Court laughed at seeing the charge and acquitted Mrs.Padma.

So also the case of Aathirai and Kanagasabapathi. The fact is that Aathirai wanted to join her brother in Germany. Sivarasan who is known to her promised to help her and advised her to go to Delhi and see someone at Delhi who can make arrangement to send her abroad. Kanagasabapathy 74 years old wanted to join an Ashramam at Delhi. Due to murder of Rajiv Gandhi they could not go to Delhi in May 1991. After 1 ½ months in 30th July 1991 they went to Delhi and on their arrival they were arrested. The case of the CBI is that in case if the attempt on 21.05.1991 failed Sivarasan can go to Delhi stay with Aathirai and Kanagasabapathy kill Rajiv. What a silly investigation. Unfortunately the Trial Court gave death sentence but acquitted in the Supreme Court.

The case of Bhagyanathan is most astonishing. He arranged for a taxi for Sivarajan, Nalini and Subha to go to Thirupathy to thank Lord Venkateswara for helping to kill Rajiv Gandhi. So Bhagyanathan is a part of Conspiracy. These are one some example. The Supreme Court said there is NIL evidence against 19 of 26 accused.

Mr.Governor sir, is it not correct to say that CBI filed false cases against all the 19 of them and kept in jail for 8 years for no fault of them. The CBI investigation is farce against these 7 persons also there is no evidence. But they were convicted on the basis of the confession statements, falsely written by CBI. I have written a book on the trial of Rajiv Murder case. I am enclosing the Book written by me which would throw light that all the 26 accused are all innocents. Please read the book and take a right decision.

What are all the failure of investigation:

1. The human bomb was mixed with RDX chemical. It is not available in open market. RDX is available only with the Army. The question is. Who supplied RDX from Army? Why he was not prosecuted?

2. Preparation of Bomb requires great expertise. Who prepared human bomb? Why he was not prosecuted?

3. Who stitched the Denim Cloth in which the bomb is dumped?

4. whether any sample test was conducted and where and whom?

But the CBI is silent about the making of the human bomb. So, real culprits are somebody else other than the 26 persons.

5. In one of the diary seized from Sivarasan it is written as the “flight of Rajiv Gandhi is delayed by one hour at Visakapattinam. It will reach Madras only at 8.30 PM. Who gave the information to Sivarajan from Visakapattinam. (At that point of time in 1991 there is no mobile phones) So the information should have passed on through a land line at Sriperumpudur. Whose land line phone? But CBI did not probe the matter at all. The real conspirators are 1) who supplied RDX from Army to Sivarasan, 2)who prepared the human bomb, 3) who gave the information from Visagapattinam to Sivarasan and the owner of the land line phone at Sriperumpudur.

6. In one of the Sivarajan diary it is written as he and subha went to Madhiya Pradesh and participated in a meeting of Congress Party workers and Sivarajan and Subha were introduced by Congress Leader as Iyer couple from Madras. Why Sivarajan went to Madhya Pradesh and participated in Congress meeting who are all the person who took Sivarajan and Subha to Congress Party meeting at Mathya Pradesh. Why they were not prosecuted?

7. In one of the Sivarajan diary it is stated that he gave Rs. Rs.17 lakhs to one TA. What for? Who is that TA? Where from Sivarasan got such a huge amount? Whether it is paid for purchasing the RDX and preparing human bomb? Investigation in this aspect is zero.

8. Why the Congress men were adamant insisting upon the stay of Rajiv Gandhi at Sriperumpudur a small village after the meeting is over. When there is no place at all except a dilapidated T.B. where snakes and rats are occupying.

9. Why the tour programme of Rajiv Gandhi was suddenly rescheduled on 17.05.1991 and compelled Rajiv Gandhi to go to Tamil Nadu when Tamil Nadu Congress President opposed the the visit of Rajiv Gandhi and why the proceedings of the change of the tour programme by the Congress Party Head Quarters were not handed over to the CBI.

10. Why the Video taken by the I.B. at the spot was not handed over to the CBI and why the particular portion in respect of the blast in the video taken by a private party was erased.

11. When the Chief Investigating Officer questioned the family members of the Sriperumpudur Congress Party candidate Maragatham Chandrasekar by showing the photograph of Human Bomb Dhanu and when the grand child of Maragatham identified Dhanu why the CBI directed Chief Investigating Officer not to probe into the matter further.

12. The Congress Party Sriperumpudur candidate Maragatham Chandrasekar son’s close friend is Deriyl Peter (He died in the blast). His wife was working in the Central PWD. He was overseeing the arrangements at meeting spot at Sriperumpudur. CBI seized Air Tickets for all the family members of Deriyl Peter to go to USA on 25.05.1991 and he was assured a better job of U.S. who is the person who gave Air Tickets to Deriyl Peterand assured Job at U.S. Why he was assured of job at U.S. No investigation.

13. After the incident it was easy for Sivarasan to reach the east coast by a car and reach Kodiakarai within 4 hours and by a boat he might have reached Srilanka Jaffna in 2 hours. Instead, why he went to Bangalore and stay there. Who promised him of a safe escape to a foreign country.

Mr.Governor Sir, the CBI prosecuted 26 persons. The Supreme Court acquitted 19 of them stating there is NIL evidence against them. So the case filed against them are all false. Because the investigation was farce. CBI could not find the real culprits and to satisfy the Congress leadership they filed a false case. Even against these 7 persons what is the evidence. NIL. Only because of the created confession statements they were punished.

When the trial was pending before the TADA Court when I moved the bail application for some of the accused it was opposed by the CBI that the accused are all terrorist persons and if they are released on bail they will endanger the security of the State. But they were acquitted by the Supreme Court and released from the Jail on 11.05.1999. Some of them are Srilankan citizens. They went abroad and settled in life. The other Indian Citizens who suffered a heavy loss during the jail term are leading a peaceful life in India. Thus the statement of the CBI before the Court that they are hardcore terrorists and if they are released from jail they will enger the security of the State is false. So also the case of the these 7 persons.

It seems you are waiting for the report of the MDMA. MDMA was formed not to find out the evidence against these 7 persons but to find out whether there is any international conspiracy in murdering Rajiv Gandhi. Already 2 decades over without any progress. They did not even obtain the death certificate of LTTE Supremo Prabaharan. Take it from me that MDMA will consume another 200 years to complete their investigation. Do you mean till then these 7 persons should be kept in jail custody.

I filed a writ petition against the Governor in W.P.No. 34813 of 2019 in the Madras High Court making some derogatory allegations. The High Court deprecated it. But my anger against the Governor made me to make such derogatory statement since I know that these 7 persons are 100% innocents and have no hand in the murder of Rajiv Gandhi and at all what would be the happiness we gain in keeping the innocents in the jail for nearly 30 years.

Mr.Governor Sir, the sacrifice of Mahatma Gandhi to the mankind cannot be measured. Even the Pakistanis have erected a statue for him. The killers of Mahatma Gandhi were given pardon within 16 years of life sentence by the then Congress Party Government. It is not as if the Congress Party leaders are happy with the killing of Mahatma Gandhi. But a convict cannot be kept in jail for ever. Even in the British rule those who were imposed transportation for life sentence will be released prematurely after 14 years of Jail term. The jurisprudence is the jail term is only to reform the offenders and not a punishment.

The murderers of Mahatma Gandhi who brought independence to India were released from jail within 16 years why not these 7 innocent persons. It is atrocious.

I hope you will take a right decision. Any offender can go got free but an innocent should not suffer. In this case the real culprits are not all traced out but the innocents are suffering for the past 30 years.

YOURS

(S.DORAISAMY)
[11/18, 08:20] Sekarreporter 1: 🌹🌹

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