The Supreme Court is scheduled to hear on Tuesday a plea for bail filed by Rajiv Gandhi assassination case convict, A.G. Perarivalan, who said that the "stalemate" over his release from prison is "completely political".
Perarivalan is seeking bail till his plea for mercy is decided. The case would come up before a Vacation Bench of Justices Vineet Saran and Dinesh Maheshwari.
"After sleeping over for five years in the Article 161 (pardon) petition and sitting over the recommendation of the State Cabinet to release the petitioner for more than good two and half years, the Union of India, on February 4, has filed an affidavit [in the Supreme Court] stating that Governor has sent the petition to the President, whereas the law is clear that Governor does not have independent discretion," Perarivalan, represented by advocates Prabu Ramasubramanian and K. Paari Vendhan, contended
The bail application said Perarivalan had been "under the hangman’s noose for 16 years, and 29 years in solitary confinement out of the total 30 years of incarceration".
He has suffered the pain and trauma of the death row syndrome.
"The pain was equally felt by the aging and fragile parents due to the uncertainty between life and death, and hope and despair," the application said.
Perarivalan was allowed parole only twice in 30 years.
"There was not a single untoward incident, breach of conditions or misconduct during the parole," the application pointed out.
