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Updated: November 24, 2013 02:24 IST

Former CBI official says he did not record Perarivalan’s confession verbatim

S. Vijay Kumar
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A documentary released by the People’s Movement Against Death Penalty has claimed that the CBI had failed to record verbatim the confessional statement of A.G. Perarivalan alias Arivu. File photo
A documentary released by the People’s Movement Against Death Penalty has claimed that the CBI had failed to record verbatim the confessional statement of A.G. Perarivalan alias Arivu. File photo

“It will be miscarriage of justice if extreme penalty is carried out”

A documentary released by the People’s Movement Against Death Penalty (PMADP) here on Saturday claimed that the Central Bureau of Investigation (CBI) had failed to record verbatim the confessional statement of A.G. Perarivalan alias Arivu, the convict facing death penalty in the Rajiv Gandhi assassination case.

The shocking but delayed revelation was based on the interview of a former Superintendent of Police of the CBI who admitted that he failed to record verbatim the confessional statement of Perarivalan.

V. Thiagarajan IPS (retired) who was the then CBI SP of the Kerala Branch said he was assigned the task of recording the statement of accused persons in 1991.

“Arivu told me that he did not know why they asked him to buy that [the battery]. But I did not record that in the confessional statement. Then the investigation was in progress, so that particular statement I did not record. Strictly speaking, law expects you to record a statement verbatim… we don’t do that in practice,” he said.

He said Sivarasan, one of the prime suspects, had sent a message to the Liberation Tigers of Tamil Eelam headquarters that the plot to kill Gandhi was not shared with anybody. “It excludes the prior knowledge of everybody else, except Nalini, that Gandhi was going to be assassinated… this is a very solid, uncontested and unchallengeable evidence.”

There was subsequent internal evidence to clearly say that Arivu had no prior knowledge that Gandhi was going to be killed. “If he did not know that there was going to be a killing, how can you make him party to the killing. It is illogical, it is against the evidence on record. Therefore, you look at it from any angle it will be miscarriage of justice if the extreme penalty is carried out,” he said.

Mr. Thiagarajan went on to explain that though he felt this before, he could not do anything at that stage. With regard to Arivu in particular, he always felt “a little uneasy” that the confessional statement was not appreciated the way it should have been. “Superficially they took it and jumped to the conclusion… they took a strong view that Arivu knew of the killing and he bought the battery. That is not the truth. We cannot speculate, it is very dangerous to speculate.”

Former Supreme Court Judge Justice K.T. Thomas who delivered judgement in the case has also opposed capital punishment. He said if the capital punishment is implemented, it would mean two punishments for one offence, which India cannot afford.

Former Supreme Court Judge V.R. Krishna Iyer who heads the PMADP made an appeal to the Government of India against executing any person in the name of Rajiv Gandhi. “Whenever there is a suspicion, please don’t execute,” he said.

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It is ridiculous for a retired SC Judge, now a CBI officer who tried and investigated Mr. Rajiv
Gandhi's murder,after more than20years, come out to say that death penalty should be
abolished and investigation was not proper. Here after, in every case, judges who deliver
judgements and police officials who investigate, after judgements are delivered would come
out with revealations that they did not do the job properly after several years and that the
judgements should should be scrapped. How noble and duty conscious people when in
service and after retirement! Another SC former judge says that death sentence should be
abolished, but he was responsible in an indirect way for horror of emergency by staying Mrs.
Gandhi's election by Allahabad High court which was critically commented even at that time.
All officials become holy people after retirement. If some one comes out with a story now that
Mr. Rajiv Gandhi committed suicide at Sriperubudur, nobody needs to be surprised.

from:  Dr. N. Ramasubramanyan
Posted on: Nov 26, 2013 at 09:11 IST

Except for Rajiv Gandhi all the others who perished in the terrorist
attack were all innocent Tamil bystanders. They were sacrificed as
collateral damage by the attack planners. Yet there are no Tamil
organisations to plead for these Tamil victims.

from:  kvjayan
Posted on: Nov 25, 2013 at 17:58 IST

The IPS officer even though retired should be immediately arrested and put inside with no bail till Arivu is cleared and released.

from:  Honga Singh
Posted on: Nov 25, 2013 at 14:35 IST

Shame to Justice. Hundreds of innocents punished by the Courts, and
thousands of criminals escaped. As an Indian, I feel ashamed.

from:  Prathiba the Great
Posted on: Nov 25, 2013 at 06:00 IST

I am a Sri Lankan (SL) Tamil. I do not believe these three men should be executed. However, I would urge the Government of India that the ban on the LTTE should never be lifted. Rajiv G is one of the few leaders who understood the complexity of the SL ethnic conflict. His Indo-Lanka agreement is probably the only mechanism that should have brought peace and stability in NE of SL. If the LTTE had not derailed this agreement the Tamils in SL would not have been reduced to this level.I do not believe a home-grown solution will ever materialise or bring about a solution in SL. To me, Rajiv G is still my hero and I miss him dearly. I regret that all the killers of Rajiv G had not been apprehended by India.

from:  Dr K chandradeva
Posted on: Nov 25, 2013 at 01:27 IST

It will be great, if Mr. Thiagarajan clarifies, why he did not record
that time, on what basis ? what was his intention ? extra.

from:  Mohan
Posted on: Nov 24, 2013 at 22:59 IST

This trail and verdict was questioned by many people from the
beginning. The whole investigations and trial was a politically
motivated circus. At last truth has come out. Thanks to Mr.
Thiagarajan IPS for coming forward and correct the past error. If we
start to blame him for the whole cover ups and mistrial, we are
discouraging other police officers in IPS who were involved in other
mistrials to come forward and correct their past mistakes. We know
there are other innocent people like Mr. Perarivalan wasting their
life in Indian prison system. We can only bring them out with the help
of IPS officers who were part of the original shady investigation.

from:  Gnanendran
Posted on: Nov 24, 2013 at 22:49 IST

Is it not the intention the basic need of the criminal law for proving
the culpability of the Mind. Here Perarivalan is not with an intention
bought the batteries. His is innocence, whereas the investigating
officer is at fault and over bent to prove the intention. A classic
case of how the investigations are happening and the officials are
behaving in such a historic case needs to be explored. At least for
this reasons the capital punishment to be done away with. Arivu is
alive and he should be freed as the revelation of the investigating
official is open now. Any right thinking person should come out in
support of this Perarivalan who spent nearly his entire life confined
due to the errors of the investigating officials.

from:  Re Ka Bala Murugan
Posted on: Nov 24, 2013 at 22:05 IST

i completely disagree with Mr.Ravi's statement that "There is a large
number of people even today in Tamilnadu who do not care about India
and believe that they are a nation by themselves".. based on which
evidence are you telling this statement? this statement completely
insulting Tamil people...Many Tamil political parties support LTTE
because the people affecting in SriLanka are Tamil speaking our
brothers,Sisters and Parents.but it doesn't mean your statement that
"parties are the ones which funded LTTE, provided ground support for
many assassinations including Rajiv Gandhi." if you have evidence,
then you can produce and add those parties to this case as one of
accused. This article is one of the example,which explaining how
political power is influencing and causing wrong Justice.the person
who punishing and having death penalty for 22 year for wrong justice.

from:  Harikrishnan
Posted on: Nov 24, 2013 at 18:23 IST

@ Ravi: Anyone who does not think the way you do is a traitor, is it?
It would have been funny, if it were not for the wretchedness of
Perarivalan's situation. By your absurd logic, all people who tow the
mainstream thought process are patriots and all Tamils who differ are

Hypocritic patriots like you, who sit on the moral high horse,
judging others' patriotism according to your convenience are the
single most reason, why Tamils have always felt alienated. Let's
accept our thought process is different. But you have no right to
judge the Tamils according to your whims.

from:  Murali
Posted on: Nov 24, 2013 at 17:54 IST

There is a large number of people even today in Tamilnadu who do not care about India and
believe that they are a nation by themselves. These people are clandestinely and
sometimes openly supported by the Tamil political parties including DMK, VCK, MDMK...
India being a soft State allows this to go unchecked. These forces and parties are the ones
which funded LTTE, provided ground support for many assassinations including Rajiv
Gandhi. This IPS officer must be charged with gross negligence, his pension suspended and
made to face trial till the charges are cleared.

from:  Ravi
Posted on: Nov 24, 2013 at 14:32 IST

This amounts to deriliction of duty and the officer should face the consequences.

from:  t.s.natarajan
Posted on: Nov 24, 2013 at 12:09 IST

Poor fellow who sympathised with srilankan Tamils became a victim. His ignorance of the
so called Plot be recorded. The mistake of the investigating officer made a young man to
suffer. At last the court should consider and modifying their verdicts.

from:  Vasanthachandran
Posted on: Nov 24, 2013 at 10:50 IST

At last the final truth has come out. So any one lobbying for Arivu (who
just brought Arivu) like that they do for Sanjay dutt (who had so much
arms in his home) ?

from:  rajesh
Posted on: Nov 24, 2013 at 09:26 IST

It is high time that perarivalan is released immediately. Now the state
Govt. can take up with the case and arrange for the released of this
innocent man. No body should be made as a scapegoat without establishing
the charge. truth will always win. But it should not happen after he was
punished. There are lot of cases in which CBI has foisted false cases.
Hence the authorities in power should come forward to release him.

from:  S.Kalyanasundaram
Posted on: Nov 24, 2013 at 07:15 IST

The message is very clear. The assassins of Rajiv Gandhi will never
be punished for the heinous crime they have committed. It is not only
Rajiv Gandhi,but scores of innocent people along with police
officials were killed in the blast. These killers had taken umbrage
under various loopholes of law with the active connivance of local
politicians and are surviving till date at the tax payer's cost. These
fellows will never reform and the latest news of a purported statement
from the then CBI SP that he did not record the confession at this
stage does not appear to be a conscientious decision of his but a
forced one by some body in power. What prevented him saying this when
Perarivalan was sentenced to death. Did his conscience took leave of
him. Then how can we depend and believe on any investigation by CBI
that supercop whose track record of getting conviction is abysmal. The
guilty should not be let unpunished and whatever explanations that may
come now are unwarranted

from:  kasthuri rangan
Posted on: Nov 24, 2013 at 04:59 IST
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