E VELUCHAMY Vs. SPECIAL INVESTIGATION TEAM

JUDGEMENT

(1.) PROBABLY, this case would stand as a classic example in the judicial history as to how well established facts could be twisted to the convenience of parties and how a provision of law could be misused and how the valuable public time of the Court could be wasted by filing a fictitious and frivolous litigation aiming publicity and to settle political and personal scores, knowing fully well that they are fighting a losing battle.

(2.) COMING to the factual matrix of the case, the entire Nation - irrespective of caste, creed, race and religion - was shocked and grieved at the stroke of 22.15 hours on 21.5.1991, when the former Prime Minister of India, Sri Rajiv Gandhi was assassinated by a human bomb at Sriperumbudur, Tamil Nadu. Some other persons also lost their lives in that incident. This inhuman, barbaric and shameful act perpetrated by the forces outside India, which was later identified as the LTTE of Sri Lanka, which is a banned outfit now, was condemned by each and every civilized nation in the world and every human being on the earth. A case in Crime No.329/1991 was registered by the Inspector of Police, Sriperumbadur at 01.15 hours on 22.05.1991 for the offences under Sections 302, 307, 328 IPC and Sections 3 and 5 of the Explosive Substances Act and the investigation of the case was taken up by the Crime Branch CID, Tamil Nadu. Thereafter, at the request of the Government of Tamil Nadu, the case was re-registered by the Central Bureau of Investigation as RC.9(S)/91-CBI/SCB/MAS under Sections 120B r/w.Sections 302, 326, 324, 201, 212 and 216 of IPC, Sections 3,4 and 5 of the Explosive Substances Act Section 25 of the Arms Act Section 12 of the Passport Act Section 14 of the Foreigners Act Section 16(1-A) of Wireless and Telegraph Act and Sections 3,4 and 5 of the Terrorist and Destructive Activities (Prevention) Act, 1987 (in short TADA) on 24.5.1991. After completing the investigation, the Special Investigation Team (SIT) constituted by the Central Bureau of Investigation to investigate the case under the leadership of Mr.D.R.Karthikeyan, filed the charge-sheet on 20.5.1992 before the Designated Court No.1 under TADA, Chennai, which was specially constituted under Section 9(1) of TADA Act, 1987 for trying Sri Rajiv Gandhi assassination case and the same was taken on file in C.C.No.3/1992, against the available 26 accused, including (1) Nalini, (2) Santhan, (3) Murugan, (4) Shankar, (5) Vijeyandran, (6) Ruban and (7) Arivu, seeking whose 'release' this petition has been filed. The case against the absconding accused was split up as C.C.No.11/1992 and the same is still pending.

(3.) IN his long affidavit, the petitioner has showered his knowledge on many irrelevant aspects to the case, like the issue of Yasar Arafat which is quite unnecessary for the matter. Further, he tried to give a picture that LTTE has not played any role in the assassination of Sri Rajiv Gandhi, when the role of LTTE and its top brass leaders in the assassination of Sri Rajiv Gandhi was proved on an appreciated investigation conducted by SIT of CBI and they are now the absconding accused in the case, against whom the case is split-up and pending trial. The petitioner has also shed venom on his political opponent Mr.Subramaniaswamy, the President of the Janata Party, who was not impleaded as a party to these proceedings so as to have an opportunity for him to rebut the allegations made against him.