CBI SP's revelation could be game-changer: Activists

Chennai: For CBI, its former SP V. Thiyagarajan has opened a Pandora’s box. But, anti-death penalty campaigners believe the Kerala cadre IPS officer’s revelation about flaws in recording the confession statements of Perariva­lan, death row convict in the Rajiv Gandhi assassination case, could be a blessing in disguise.

From suggesting an amendment to creating a new law to reinvestigate cases already settled by the Supreme Court and creating more grounds to strengthen Perarivalan’s clemency plea, the advocates-activists have shared with Deccan Chronicle as to why they believe reinvestigation of the Rajiv case was legally tenable and why death penalty is abhorrent to them.

Leading the tirade against the CBI (in the case) was leading senior advocate R. Shanmuga­sundaram who questioned the Supreme Court for concluding the case on the basis of the confession statement obtained under section 15 of TADA (Terrorist and disruptive activities (prevention) Act even while quashing the application of the same Act for the instant case.

“If the case does not come under TADA, how can they follow the procedure (confession) under TADA? The confession should have been recorded under normal law (section 164 of CrPC),” Shanmugasundaram argued. Probing of the revelations made by Thiyagarajan could be tagged along with the pending MDMA (multi-disciplinary monitoring agency) investigation that examines the conspiracy, the senior criminal lawyer suggested.

Asserting that Thiyagarajan’s revelation was a definite factor to be considered for clemency, PUCL general secretary V. Suresh even accused the SC of losing objectivity in some cases involving TADA. Worse, Suresh accused the former CBI SP of committing perjury and playing an illegal role “knowingly, willingly and consciously”.

“Though there is no provision in the statute to reopen a case after it reaches finality, a new branch has opened up and since it is a matter of life and death, Perari­valan has every right to expect law to take note of the revelation. That is how most laws were made,” Suresh reasoned.

Advocate ‘TADA’ Chandrasekhar, who plans to move the SC on behalf of Perarivalan following the revelation, said the entire case was by far built on the confession, which, Thiyaga­rajan admitted now, is flawed.

He is no ordinary person but an officer of SP rank who was entrusted with the vital task of recording the confession, Chandrasekhar pointed out, exuding confidence that the SC would take stock of the situation and allow reinvestigation.