Rajiv case: CBI seeks dismissal of Perarivalan's plea

Agencies
March 12, 2018

New Delhi, Mar 12: The CBI has told the Supreme Court that AG Perarivalan's plea seeking the recall of its May 1999 judgement upholding his conviction in the Rajiv Gandhi assassination case should be dismissed as it was devoid of any merits.

In an affidavit filed in the apex court, the CBI's Multi-Disciplinary Monitoring Agency (MDMA), probing the larger conspiracy aspect behind Gandhi's assassination, has said that the role of convict A G Perarivalan in the conspiracy resulting in the killings of the former prime minister and others have already been upheld by the top court.

The agency said that the application seeking the recall of May 11, 1999, apex court judgement was not maintainable since it seeks to reopen the whole matter on merits which cannot be permissible.

The MDMA also said that Perarivalan's petition seeking review of the apex court's order upholding his conviction in the case has already been dismissed.

"It's, therefore, most respectfully prayed that this court may be pleased to dismiss the application for recall of judgement dated May 11, 1999, in the interest of justice and impose heavy cost 0n the applicant (Perarivalan) herein," the agency said in its affidavit.

The affidavit was filed in pursuance of the apex court's January 24 direction asking the CBI to respond to Perarivalan's plea seeking the recall of the May 1999 order upholding his conviction.

The court had termed as "serious" and "debatable" the questions raised by Perarivalan.

He has sought the recall of the apex court's order, saying he was not aware of the conspiracy.

Former Prime Minister Rajiv Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.

Fourteen others, including Dhanu herself, were also killed.

Gandhi's assassination was perhaps the first case of suicide bombing which had claimed the life of a high-profile leader.

In its May 1999 order, the top court had upheld the death sentence of four convicts -- Perarivalan, Murugan, Santham and Nalini -- in the assassination case.

In April 2000, the Tamil Nadu governor commuted the death sentence of Nalini on the basis of the state government's recommendation and an appeal by former Congress president and Rajiv Gandhi's widow Sonia Gandhi.

On February 18, 2014, the top court had commuted the death sentence of Perarivalan to life imprisonment, along with that of two other prisoners - Santhan and Murugan - on grounds of a delay of 11 years in deciding their mercy pleas by the Centre.

In his application, 45-year-old Perarivalan has said that he was held guilty of supplying two nine-volt batteries which were allegedly used in the improvised explosive device (IED) that killed Gandhi.

The reasons due to which his conviction was sustained by the apex court would "vanish completely" in the wake of the affidavit by V Thiagarajan, a former CBI officer, it said.

Thiagarajan, then a superintendent of police of CBI, had recorded Perarivalan's confessional statement under the Terrorist and Disruptive Activities (Prevention) Act.

The application claimed that in his affidavit the former CBI officer had stated that Perarivalan had expressly stated in his confessional statement that at the time of purchase of the batteries, he had absolutely no idea for what purpose these were going to be used.

While hearing Perarivalan's plea earlier, the top court had observed that the probe by CBI's Multi-Disciplinary Monitoring Agency (MDMA) in the larger conspiracy aspect behind Gandhi's assassination did not appear to have achieved "much headway" and could be "endless".

The MDMA, set up in 1998 on the recommendations of Justice M C Jain Commission of Inquiry which had probed the conspiracy aspect of Gandhi's assassination, is headed by a CBI official and comprises officers from IB, RAW and Revenue Intelligence and other agencies.

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News Network
November 21,2024

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The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

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News Network
November 25,2024

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Bengaluru: Karnataka Chief Minister Siddaramaiah has instructed the Hindu Religious Endowment Department to submit a proposal for constructing a gold chariot for the presiding deity of the state, Chamundeshwari, official sources said on Monday.

The directive follows a request from Member of Legislative Council (MLC) Dinesh Gooligowda, who highlighted the historical and cultural significance of the Chamundeshwari Temple on Chamundi Hill in Mysuru, which dates back to the 12th century AD.

Gooligowda noted that the existing wooden chariot, donated by devotees from Coimbatore, Tamil Nadu, has deteriorated over time.

“Devotees have expressed their desire to organise a ‘rathotsava’ using a gold chariot for Goddess Chamundeshwari. This proposal has been under consideration for some time, with an estimated cost of Rs 100 crore,” the MLC said.

He emphasised that the government’s financial involvement would not be required, as devotees are willing to contribute towards making the chariot a reality.

Gooligowda proposed a deadline for the 2025 Dasara festival for the completion of the chariot, ensuring it is ready for the grand procession featuring the idol of Chamundeshwari.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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