Sekarreporter1: https://youtu.be/sZkTMIZbXgo [5/13, 16:48] Sekarreporter1: [5/13, 14:27] Ilango Dk: தமிழக முதல்வருக்கு கோரிக்கை: 30 ஆண்டுகளாக சிறையில் வாடும் ராஜிவ் கொலை வழக்கு தண்டனை சிறைவாசிகள் நளினி உள்ளிட்ட ஏழு பேரையும் இடைக்கால பிணையில் (பரோல்) விடக்கோரி தமிழக முதல்வருக்கு சென்னை உயர் நீதிமன்ற மூத்த வழக்கறிஞர் எஸ். துரைசாமி
[5/13, 16:48] Sekarreporter1: https://youtu.be/sZkTMIZbXgo
[5/13, 16:48] Sekarreporter1: [5/13, 14:27] Ilango Dk: தமிழக முதல்வருக்கு கோரிக்கை:
30 ஆண்டுகளாக சிறையில் வாடும் ராஜிவ் கொலை வழக்கு தண்டனை சிறைவாசிகள் நளினி உள்ளிட்ட ஏழு பேரையும் இடைக்கால பிணையில் (பரோல்) விடக்கோரி தமிழக முதல்வருக்கு சென்னை உயர் நீதிமன்ற மூத்த வழக்கறிஞர் எஸ். துரைசாமி இன்று கோரிக்கை மனு.
[5/13, 14:27] Ilango Dk: 13.05.2021
From
S.DORAISAMY,
Advocate,
No.223, NSC Bose Road,
YMCA Building, 2nd Floor,
Chennai – 600 001.
9444053688
9003077888
To
The Most Benevolent Chief Minister of Tamil Nadu,
State of Tamil Nadu,
Secretariat,
Chennai – 600 009.
Sir,
Sub: Request to release the 7 persons convicted in the Rajiv
Gandhi Murder Case reg:
. . . .
I am penning this letter on behalf of the lakhs of good conscious Tamil people on the hope that as the son of the great man who dedicated his life for the welfare of the Tamil Nation Dr. Kalaignar who ordered for the commutation of death sentence of Nalini to life sentence in the year 2000 and likewise you will order the premature release of all the seven prisoners.
In February 2014, Mrs.Jayalalitha made a foolish act of announcing in the State Assembly, instead of invoking Article 161 of Constitution of India, made a statement that if the Central Government did not release them within 3 days, she will order the release of the 7 prisoners. At that time I was coming out of the house after meeting Dr.Kalaignar and gave an interview to the waiting Press that that the announcement of Mrs.Jayalalitha is a cowardice, she ought to have invoked Article 161 of the Constitution and ought to have released the prisoners immediately instead of challenging the Central Government.
As expected, the Congress Government moved the Supreme Court and obtained an order of injunction. When the matter came up before the Supreme Court finally, the Supreme Court observed it is open to the State Government to exercise its powers under Article 161 of the Constitution. When the Supreme Court itself had observed that the powers of the 161 is available to the State Government, the stand taken by the Governor Banwarilal is a utter disobedience of the observation made by the Supreme Court.
After the death of Jayalaitha, when the entire Tamil People raised the voice for the release of the 7 persons, for name shake the then AIADMK Government passed a resolution and sent it to the State Governor Banwarilal Purohit. But Banwarilal Purohit being an RSS man who do not want to lend his ears to the earnest demand of Tamil Lovers. Hence, I filed a writ petition before the Madras High Court in W.P.No. 34813 of 2020 seeking direction to the Union of Home Ministry to take appropriate action by removing the Governor Banwarilal Purohit from the post of Governor of State of Tamilnadu for his failure to act in accordance with the Provisions of Constitution viz. not passing orders on the aid and advice of the Council of Ministry of Government of Tamil Nadu dated 09.09.2018 in respect of release of 1)Tmt.Nalini, 2)Suthendraraja @ Santhan, 3)Sriharan @ Murugan, 4)Robert Pyas, 5)Jayakumar, 6)Ravichandran and 7)Perarivalan.
But the AIADMK Government instead supporting my stand opposed the writ petition. My writ petition was dismissed on 03.01.2020. But in the case filed by Perarivalan in the Supreme Court, Banwarilal Purohit filed a report stating as a State Governor, he had no power to invoke Article 161, it can be done only by the President of India. The report is legally not correct. Under Article 161, the Governor had the extraordinary power. Anyway the matter is now pending in the Supreme Court. If the Supreme Court concurs with Banwarilal Purohit, then we have to move the President or if the Supreme Court rejects the report of Banwarilal Purohit, and if the Supreme Court confirms, the State Government can invoke Article 161, then again DMK Government can pass a resolution to invoke Article 161 and you will see Banwarilal Purohit to respect the decision of the Cabinet.
I am not requesting the respectful Chief Minister to release the prisoners who had committed an offence. Ofcourse all the above 7 persons were found guilty by the Supreme Court and were convicted. But completely there is no iota of evidence that they conspired to kill Rajiv Gandhi. Only because they were associated with Sivarasan they were roped in to the conspiracy. Beyond that there is no other evidence against them. I am associated with the case since its inception. They are all 100% innocent. Only because of the improper investigation and because it was sensational case, they were convicted.
They are inside the jail for the past 30 years. To my knowledge as you know I was in jail for one year, six months in Madras Central Jail and another six months in Coimbatore Central jail during 1976 emergency under MISA and came across many convicts. In no jail, a life convict is detained for more than 17 years. Most of them are released by the decision of the Advisory Board or on the occasion of Anna Birth Day or Mahatma Gandhi Birth Day. Only after Jayalalitha came to power, the release on Anna Birth day was stopped. But the life convicts are still released after 14 years on the decision of the Advisory Board. As on date no life convict is in jail who were spent more than 20 years except the above 7 persons.
Respected CM, we were in jail for one full year during 1976 emergency under MISA for no offence except standing behind Dr.Kalaignar. What was the gain achieved by the Government by keeping us in jail for one year, except the sadist satisfaction of the rulers. If the emergency was not lifted in 1977, we would have been in jail for a long term. Likewise, what is the gain that the Government is going to achieve by keeping the above 7 persons in jail for more than 30 years, unless it is claimed that only if they are kept in jail nobody will indulge in murder.
Infact every year the murder rate is increasing. Even in the police station erring police officials commit murder. Jail term is only for reformation. 30 years of jail life is more than sufficient. It is inhuman to keep them in jail even for more than a day. Even the killers of Mahatma Gandhi were released from jail within 16 years. Compared to killers of Mahatma all the seven are innocent except being associated with Sivarasan unknowingly.
But what can be done for the present:
Under the Tamil Nadu Prison Manual as well as the rule 19 of the Suspension of Sentence Rule 1982, State Government have extraordinary powers to release the prisoners on temporary release. Moreover the Supreme Court on 07.05.2021 in the matter of Suo Motu Writ Petition(C) No.1/2020 had observed that due to COVID 19 the concerned Government can release the bonafide prisoners temporarily.
Hence on exercising the powers conferred on the State Government u/r 19 of the Tamil Nadu Suspension of Sentence Rule and Prisons Rules, I request the Hon’ble Chief Minister that the 7 prisoners namely 1)Tmt.Nalini, 2)Suthendraraja @ Santhan, 3)Sriharan @ Murugan, 4)Robert Pyas, 5)Jayakumar, 6)Ravichandran and 7)Perarivalan may be released from prison temporarily at an earliest subject to the judgment of the Supreme Court in Perarivalan’s case, for which act the entire Tamil Nadu will once again praise you. Thanking You,
YOURS
