An Appeal from The Death Row – by Perarivalan

I am one of the accused in Rajiv Gandhi assasination case and my death sentence along with three others has been confirmed by the Supreme Court. I am making this representation with a heavy heart. I am facing death sentence, though I have not committed any offence. I still believe that ultimately Justice will prevail. I make the appeal, to you who values humanism and who is well versed with legal procedures. Also kindly permit me to share with you my inhuman, unbelievable torture experiences in police custody, the unlawful method of forcing me to sign a statement, my mental agony, lonely experience in prison and the nature of the case. I am confident that you will kindly go through this representation with sympathy and human love to understand the justice on my side. To me this is a step in my struggle towards the success of Justice in my case.

Background of my arrest:

On 11th June, 1991 at 10.30 in the night, my parents handed over me to CBI Inspectors Mr.Gangadharan, Mr.Ramasamy and one more person at No. 50, E.V.K. Sampath Salai, Periyar Thidal, Egmore, Chennai in the presence of persons associated with Periyar Thidal.

Already on 10.6.91 and 11.6.91 investigations were made in my native place” Jolarpet”, Vellore Dt., in the residences of supporters of Tamil – Eelam Liberation and Dravidar Kazhagam. At that time they also made enquiries in my house about me to which my parents responded by explaining that I was working and residing in the Computer Section in the office of ‘Viduthalai’ at Chennai Periyar Thidal. Also my parents brought the officials to Periyar Thidal to help enquiries.

Unlawful custody:

I was taken to the Malligai Office with the assurance that I would be sent back the next day i.e. 12.10.91. In Malligai, I was directly taken to a room in the upstairs. There were DIG Raju, S.P. Thiyagarajan, S.P. Saleem Ali and many others. I was enquired about my education and family background. When I told them my educational qualification – Diploma in Electronics and Communication Engg. D.I.G. Raju asked, ” Are you the person, who made the bomb?” I was shocked, and struggled to understand in what way bomb making is related to my course. At that time I was wearing a shirt, in which there was a small hole in the bottom. Looking at it, he said, ” is this hole due to the bomb blast at Sriperumpudur?” – I denied. Saying that I would admit only after a “right treatment”, he handed over me to two inspectors. I was brought to the ground floor, I was forced to remove my pants and shirt and stand with’ Jatty’. At that time inspector Sundara Rajan and two others ( I don’t remember their names) beat my bare body with his palms. One of them crushed my toes with his shoe. Suddenly inspector Sundar Raj kicked at my testicles with his knees. I simply fell down with great pain. They continued their torture asking about incidents which were unknown, unrelated to me. The next day I was taken to a place called ‘torture chamber’ in the upstairs of Malligai office and was handed over to Inspectors Ramesh, Madhavan, Chelladurai and D.S.P. Sivaji. These Officers were notorious in torture at Malligai. Food and water were refused to me. I was not even allowed to pass urine. Inspectors Madhavan and Ramesh directed me to stretch my hands, bend my knees and stand in a posture as if I was sitting in a chair. I was forced to be in that posture for long times. They were beating the back muscles of my legs with a stick using a PVC pipe filled with cement. Inspector Chelladurai forced me to stretch my elbows and beat them strongly. Inspectors Madhavan and Chellathurai were notorious for using vulgar and obscene words. Though others too used them, these two people’ excelled’ in them. I avoid mentioning those obscene words here for the sake of decency and also to avoid embarrassment. There was one person by name DSP Krishnamoorthy. He also tortured me. But he adopted a different method of torture. He forced me to sit on the floor with my back against a wall. He directed one guard to hold one of my legs close to the wall. He got hold of the other leg and forced the leg towards the wall making an angle of 180 between the two legs. Words can not describe my pain experienced at that time. Inspector T.N. Venkateswaran also tortured me. He placed pencil as well as small sticks between my fingers and rotate them by pressing the fingers. He inserted pins into my finger nails. He crushed the small fingers of my legs with his shoes. He tortured me in such ‘skilful’ methods. I would like to cite an example to explain how CBI officials derived sadist pleasure in such tortures. One day I was taken from my room to torture chamber since one inspector wanted to see me. There I was asked to sit on the floor. Then suddenly beating the left portion of my face with shoes, the inspector claimed, “Yenda, (a derogatory term) you have murdered our leader after crossing from your country to this country”. Inspector Madhavan who was sitting by his side, smilingly remarked, “this fellow is not from Ceylon. He is from Tamil Nadu”. Afterwards, I was sent back to my room. The reason for citing this experience is to explain the frame of mind of CBI officials who wanted to earn good name by forcing any person to become accused and during that process they tortured innocents even without knowing the identity of the persons as well as the crimes they were accused of. The name of the inspector cited in the above torture is Inspector Mohanraj. S.P. Thyagarajan was having his office in the ground floor of’ Malligai’. Suddenly he used to call me late night at about 3 or 4 a.m. He would ask me about anything. I must talk continuously. If I sleep during that late night time, he would beat me. I was subjected to both physical as well mental tortures like this. I was subjected to maximum inhuman treatment and abuse possible. Till 19th of the month, when I was produced before the court, I was in unlawful custody and denied to have a bath even and brush my teeth. Unable to bear the bad odour from my body Inspector Ramesh permitted me to have a bath on 19th. Another reason for this permission was the necessity to produce me in the court. During the custody I was denied water. They told that they would deny water till I accept their false accusations. Later they would pour small quantities of water into my mouth. They did not permit me to sleep at nights. I was handed over to the custody of special guard to ensure that I did not sleep at nights. They would pour water on my face whenever I started sleeping. Even food was used as their torture weapon. I was tortured like this during the unlawful custody. Further I can cite many examples to explain how many innocents were tortured to accept accusation in this case. One day DIG Srikumar came and said. “Dai, my native KGF is near your native. You show me the place of any of the three things I mention. I will release you”. I asked, “Sir, what are you asking from me?”. He replied, “show me the place where an AK47 rifle, or a wireless set or gold bars are buried underground”. I said, “I can give only if I have. How can I give when I don’t have ?” To this he commented, “if that be so no one can save you” and he left the place. I would like to remind you that this same D.I.G. Srikumar was the person who is involved in the incident in which Kodiakkarai Shanmugam was murdered and he is the one who has admitted to having lost in London, documents related to this case. My hands were chained all the 24 hours, day and night, even at the time of answering nature’s calls. One chain in one hand would be loosened only when I was to take food. Even during sleep, my hands were chained. Thus the torture continued. Further the officials adopted different methods of torture. All these tortures were violent, painful and inhuman. At this juncture, I would like to draw your attention to some evidences of my unlawful custody. First, investigation officer D.S.P. Rahothaman had admitted in his evidence on page 942 that he raided my house at Jolarpet on 11.6.91 and seized eight articles. But in page 451 he had stated that he was sent by higher officials on 11.6.91 to enquire me. He had not denied that on 13.6.91 my mother came to Malligai with my dresses and she was not permitted to meet me and the dresses alone were received from her, and was later handed over to me. More than all these things, there was no mentioning of anything between 11.6.91 and 19.6.91 in my confession statement. As per confession statement I was arrested only on 18.6.91. But in the remand report it is found that I was arrested only on 19.6 .91 morning at 9 a.m near “Periyar thidal’. All these evidences confirm that I was in unlawful custody, subjected to torture and implicated in false case.

First appearance at Court

Thus I was taken on a false promise that I would be released on the next day, kept in unlawful custody for eight days subjected to torture and then on 19.6.91 I was taken to Chengalpet along with Robert Pyas, who is now undergoing life term imprisonment. At that time, D.S.P.Rahothaman, D.S.P. Ramakrishnan, Inspectors, Iqpaul, Ramesh and few others accompanied us. I was hoping that I would be released on that day and all my tortures would come to an end. I had that hope, since I did not commit any offence and had not gone to Court before.

In these circumstances our van entered the Court complex at Chengalpet. At that time the officials named above threatened me not to open my mouth in the Court, and I would be released if I kept quiet. Otherwise, they would take me back to Malligai to continue the torture. Hence we were in a frightened condition. Then we were taken inside the Court. The Judge called our names and asked us to come forward. Later he told something to D.S.P. Rahothaman. We were sent to another room there, standing in the witness box, the D.S.P. was presenting some argument. Then we were taken before the judge. We were ordered to be in police custody till 18.7.91. We could not understand the reason. Again we were taken back to the torture chamber in Malligai. During that one month period of continued torture, we were subjected to torture at intervals too. To avoid visible injuries we were beaten on the soles of our feet with sticks and afterwards we were forced to jump. Thus the torture continued.

Later, after our return to Malligai office, D.S.P. Rohothaman asked me, “who were the people standing outside the Court Complex ?” I replied, “My parents had come there”. He asked, ” I am not asking that, there were around 200 to 300 people. Who are they? Did you ask them to come there”? I replied that, I did not know, Since I did not have the time to look at them and they might be my relatives. Moreover I asked how I could ask them, while I had been in police custody for more than a month? He got angry and slapped on my face. Then he instructed the inspectors present there to beat me. They could not cherish my relatives coming to the Court Complex and I was tortured even for that. Third appearance at Court and the mode of getting my signature in the confessional statement. For our third appearance, Court proceedings were held in the Poonamalli special prison in which we were kept. That prison Complex was adopted by the CBI to imprison and torture. From Malligai I was taken to Poonamalli sub-jail on 3.8.91. At that time D.S.P. Ramakrishnan was in-charge. Daily we were tortured by officials. The office in the sub-jail was actually a torture chamber in which I was tortured by PW:52 S.P. Thyagarajan to sign a document of several written pages with many dates. At that time few inspectors tortured me, I was not permitted to read the content of the papers and I was told that, I would be free if I signed them. I did not know about TADA act. Not only for me, for all the people in Tamil Nadu, TADA was new at that time. In that situation, I could not bear the torture and I signed that document according to their instruction with the hope of saving my life. But the same signature signed under threat to save my life is now-demanding my life. After signing under severe torture I was forced to get in to the horrible prison room and I simply wept there. The guard there on duty asked me, “why are you weeping ?” I explained every thing to him. Then he consoled, “the signature in police custody is not valid in Court. Hence whatever had been written in the document will not affect you”. I believed his statement. He uttered those words with human love. There is truth in his statement. He made the statement

Second appearance at Court

For the second appearance I was taken to the Tada Court in Chennai High Court complex and was produced before TADA Court Justice Siddique along with Robert Pyas and Kodiakkarai Shanmugam. Around 200 persons, my relatives, were present outside. D.S.P. Rahothaman, D.S.P. Ramakrishnan and few others were also present in the Court. Justice Siddique was sitting in an upstairs’ room and we were made to stand outside the room. The DSPs warned us to go and stand before the Judge silently and just nod our heads when the judge says something, failing which we would be subjected to continued torture, when we were handed over to them. We were produced before the judge one by one. The judge told that Police custody would continue till 16.8.91 and after hearing that we silently went outside. We were not permitted to stand there even for half a second. The Judge did not raise his head even to look at us. Hence due to fear as well as failure on the part of the Judge to make any enquiry we were unable to make any representation on the basis of his familiarity with normal legal procedures. But the tragedy is that he did not know anything about TADA. I did not know TADA. I did not know the significance of confessional statements. I did not know the legal consequence of confessional statement. Still I signed because I was forced to sign. The same torture chamber, in which I was tortured, was converted into Court on 16.8.91 and the judge conducted the proceeding in that room. The entire complex was under the control of CBI. Before I was produced before the judge, DSP Rahothaman and other officers warned me. “If you say anything about the torture, we will again torture you and shoot you to death and we will say that you were shot to death while you tried to escape”. The terrorising environment in the sub-jail, fear and ignorance of law forced me to close my mouth. My representations regarding my confessional statement and Supreme Court Judgement On the same day myself and Robert Pyas were imprisoned in Chengalpet sub-jail. There we were given the white dress of convicted prisoners. No other dress and materials were permitted. A Palm leaf mat, a pillow and a blanket were given to us. All these were in accordance with rules for death sentenced prisoners, which we came to know only later. At the time, we were ignorant of jail rules. CBI official DSP Rahothaman used to come to my room and conduct enquiry whenever he comes to the prison with a trial prisoner. At that time I was ignorant about the law that police officials do not have the power to conduct enquiry inside the prison. I had the feeling that I was in CBI custody; not in prison. To free myself mentally from these tortures it took a long time. After reaching free mental condition and knowing about TADA acts and confessional statements, I made a representation dated 11.2.92 explaining the method in which I was forced to sign and the torture inflicted on me that is Crl.. M.P.No.137/92 that has been enquired by TADA Court. So called confession statement of Arivu which depicts the recorded events in Poonamallee subjail.

TADA court order dated 13-03-1992 regarding the admissibility of the confession statement.

Details of remand extension of Arivu in Poonamallee subjail, where on the previous day the confession statement was recorded.

On receiving copies of my confessional statements, I made a representation. In that representation also I have explained the torture inflicted on me to get my signature and requested the authorities to reject the confessional statements. I made this representation on 26.8.92. TADA Court inquired the same as Crl. M.P.No.582/92. Here I would like to mention a sad point. Supreme Court Judge Wadhwa in his Judgement in page 87 stated, “No complaint was made before the Trial Court, that the confession was the result of any coercion, threat or use of any third degree method or even playing upon the psychology of the accused”. He had stated clearly that I did not make any representation. Infact in the representations dated 11.2.’92 and 26.8.’92, during the cross examinations of witness 52 S.P. Thyagarajan and during the questioning of 313 C.R.P.C I had explained how I was tortured and forced to sign in the confession statement. But it is highly unfortunate and depressing to know that the Honorable Judge had made the above statement ignoring these facts.

Prison sufferings

The marriage of my elder sister took place on 1.9.’91. I made a representation to the Special Court seeking permission to participate in the marriage. Though my presence as the only brother to the bride was important, permission was rejected. The marriage took place in a sorrowful atmosphere. As for as I am concerned, I was not treated as an ordinary prisoner. Instead of considering my prison behaviour, the social status of the dead person in the case alone was taken into consideration, new rules were framed for me. For example, I am put in solitary confinement even now. Though there are Supreme Court directions, prohibiting solitary confinement even for a death sentenced prisoner and though there are many precedences of suspension of death sentence to persons, for the reason of solitary confinement I am confined in a single cell for the past 9 years. Regarding this I filed a writ petition No.13359/ 91 in the High Court of Madras. Though there are some reliefs, in practice I am not permitted to have them.

TADA court order dated 12-10-1992 regarding the admissibility of the confession statement.

From the year 1992, for three years, only blood relatives (i.e parents and own brothers and sisters, wife and children only) were permitted to meet me as per the new govt. order. Even my grand father and grand mother were denied permission. My grand mother made several representations to the govt. requesting permission to meet me. Later the High Court of Madras set aside the above mentioned Govt. order and my grand mother could meet me only after that. Only my parents and close relatives were permitted to meet me. Under the pretext of security, they too were subjected to severe harassment. Many avoided meeting me fearing these harassments. Even when my parents experienced these sufferings, they could see me only through a glass partition. A really tragic condition since visitors room was partitioned with fibre glass. Communication could be made only through signs. My mother could not even touch the fingers of her son, a horrible condition indeed. Not only my relatives even the advocates, who came to meet me in connection with the case also experienced this fibre glass horror. Hence we could not properly explain our case to our advocates. We made representations to the special court and High Courts. I can state that no prisoner can be denied the basic legal right of freely communicating to his lawyer. Even after the direction of High Court, we were denied till the end, the mutual reading facilities’ with our lawyers. After we were imprisoned in the Poonamallee prison in the year 1993, the govt ordered that we should not be taken out of prison on any account. Hence we suffered many difficulties. Even to go to hospital we had to fight long legal battles. Since the Court was adjoining the prison wall, we could not even see the streets like other prisoners. I have seen streets and people only 7 times in these 9 years during change of prison and while taken for medical check-up. The entire complex of Poonamallee prison was laid with concrete floor and the top portions were covered with steel wires. During summer

times my sufferings are beyond words. I lost my sleep. I experienced mental agony. This mental agony gave me a ‘prize’ in the form of high blood-pressure-‘Hyper tension’ even at the age of ’24’. Now I am taking tablets T.Atenold. T.Amplodipine.I underwent ultra-sono-gram examination in the year 1996 and 1999 and Echo-Cardio-gram examination in 1997. At present I am living with tablets. I have made representation to National Human Rights Commission in this regard. In 1996 the commission official Mr.Sharma visited and inspected the prison condition. For the past nine years, my condition has made my parents to suffer more than me. They had handed me over to CBI officials thinking they were the saviours of law. I am their only son aged below 20( date of Birth 30-7-71) when they handed me over to CBI officials. Not only my parents, even my 26 year old younger sister who had passed RE. Computer Science with First Class and who had postponed her marriage till my release, is also suffering.

Admissibility of confession statement

I am facing this situation though I have not committed any offence. Not only me even those who are associated with me are also subjected to the same punishment. What are the reasons for these ? The signatures in the so called confession statement in which my signatures were affixed using torture by police officials, who had actually written the Confession Statement are the reason for this punishment. Till now I have not committed any offence under TADA. Also Supreme Court has said that TADA is not applicable to this case. At the same time it is highly distressing to know that the Supreme Court has accepted the validity of a certain section of TADA which confers validity on confession statement taken by a police official under the inhuman TADA act. And death sentence had been awarded on this basis. TADA has been revoked and it is inapplicable in my case. In spite of that I had been in police custody under this law for 60 days. (That too 30 + 30), one year duration for filing charge sheet, no bail, depriving right to appeal to High Court, in-camera enquiry, secret examination of witnesses, validity of confession statement secured by police official and depriving of opportunity to prove innocence -all point to a long list of human rights which were deprived to us. Who can give back all these to us? Who can return all my losses due to human right violation listed above? Yet, I would like to point out certain things on the admissibility of my so called confession statement. 1) How can one believe the confession statements when it was obtained just a day prior to 16.8.91, the last day of Police custody i.e. on 14.8.91 and 15.8.91. after 60 days of police custody? All the 17 people who are said to have given confessional statements, have done so, just a day prior to the last day of police custody. How can the evidence of S.P. Thyagarajan witness 52 be admitted when he has functioned as part of the CBI/SIT team formed to investigate Rajiv Gandhi assassination case (Honorable Judge Thomas, page 35). Here I would like to state regarding other cases related to witness Thyagarajan to decide whether evidence of witness of Thyagarajan who had admitted to having recorded the confession statements. ‘Front line’ dated May’ 95 had clearly explained about the case in Kerala State and the role played by witness 52 in that case. I hope this would explain reliability of witness 52 Thyagarajan. 3) Witness No:52, Thyagarajan, in his evidence had stated that just before 11 pm on 14.8.’91, he had taken steps for the first day to get confession from accused Robert Pyas in Poonamallee sub-jail. But the same witness 52 in a different place related to my confession had stated in his evidence that just before 11.30 pm on 14.8.’91, he had taken steps for the first day to get a confession from me. From this, it is clear that he had acted in a mechanical manner with the pre-prepared document.

An Article published in ‘Frontline’ magazine dt. May 19, 1995 unmasking the character of PW 52. Thiyagarajan, SP, who recorded the confession statements contd. in pages 87 to 90.

The wrong attestation of PW 52 Thiyagarajan, for the so called confession statement made by Arivu.

At the end of the first day activity of my so called confession statement, the name of Robert Pyas is written instead of my name. If this document had been prepared in my presence would this name change have occurred? As per the confession statement I should be in Chennai on 3.5.91 and 4.5.91 but according to the evidence of witness 75 Vasantha Kumar, I was in Trichy with him on 3rd or 4th of the same month. According to my evidence I gave film role to Hari Babu. According to the statement of Backiyanathan, he gave the Film role to Hari Babu. According to the evidence under 164 Cr. P.C. of the witness 72 Ramamurthy, Subha Sundaram gave the film role. But, it had been stated that Hari Babu used only one film role in the place of occurrence. Ultimately I stand accused. How could this be? According to the statement taken, I had bought two 9 volt batteries during the first week of May. On that basis, I had been accused of buying the batteries on May first week. (Honorable Judge Wadhwa P .300). But, according to the witness 91 shopkeeper Mohideen, it was mentioned as the second week of May. According to Statement, Sivarasan used these two batteries to ignite the Bomb. But in the experts evidences No.252 Sreenivasan, 257 Major Sabarwall and 280 Chandrasekaran only one battery had been used. According to Statement, witness 75 Vasantha Kumar was a close confidant of Sivarasan. But he, in his evidence had stated that he did not know even the name of Sivarasan. According to Statement, my things in Backiyanthan’s house were taken on 22.5.’91. But according to the evidence of investigating officer, witness 288, Rahothaman and document Ex.P.1344, the date 24.5.’91 was mentioned.

According to my Statement, Sivarasan had requested me to inform. Subha Sundaram regarding the taking of the body of Haribabu. But according to Backiyanathan’s Statement, I had gone to Subha Sundaram to get the House address of Hari Babu.

The above given particulars are only few examples. Many more like these can be cited. Such contradictions could not occur if actual facts were taken. It cannot be claimed all in the statements are false. With few facts, a story had been written to suit the desired case as desired by them. Death sentence had been awarded on the basis of such contradictions.

Favourable points in documents

Even if the documents are admitted in spite of my study repudiation they have some points favourable to me. I would like to place before you those points for your kind consideration. 1. According to the Statement I worked for LTTE on monthly salary. It is stated that I had worked for several LTTE members and I had agreed to work for Sivarasan, since he was a senior LTTE person. But no where it is mentioned that I had agreed to work for the assassination act. According to the wireless message dated 7.5.’ 91 called Ex.P.392, the conspiracy was known only to three persons Sivarasan, Subha and Thanu. This had been accepted by Honorable Judges also. According to my statement, I had bought and gave to Sivarasan 9 volt battery, car battery and motor cycle, only before 7.5.91. Hence it is obvious that I did not know the motive behind the purchase of these things. According to statement, on the day of occurrence i.e. on 21.5.91, 9.30 pm I had been to a film with Backiyanathan. If I had prior knowledge about the incident and the conspiracy would I go to film, while the offence was taking place?

(According to the statement, I came to know Rajiv’s assassination, while I was returning from the film). 4. According to the statement, Sivarasan explained the information related to the incident on 23.5.91 morning and Nalini explained them in the evening. It is found that immediately afterwards, I felt that it was not ‘advisable’ to stay in the House of Backiyanathan and hence I left. If I had known the conspiracy before 21.5.’91, I would have gone to different place instead of staying at Backiyanathan’s house. But in the statement, I had changed the place only, when through Sivarasan and Nalini, I came to know of the incident on 23.5.’91. It is found in the statement, that from Backiyanathan’s house I had gone to my house in my native place Jolarpet. If I had committed the offence and if I was guilty, I would have gone to different hiding place instead of my own house. No investigation was conducted about the bomb supposed to have been used in this case. This had been mentioned in Justice Jain Commission report. The MDMA had been directed to enquire into this. Hence in future if investigation about the bomb is carried out and persons responsible for the bomb are enquired and if it comes to light that I was innocent, what would be my position? Tamil ‘India Today’ dated May 21 – June 5 1996 had published an article about the holes in the investigation about the bomb supposed to have been used in this case. I had also mentioned this in my 313 Cr.P.C. reply Statement. 7. Investigation official Rahothaman in his evidence from page 604 to page 608 has given evidence about the bomb. He had stated that the bomb and all related parts were soldered and bought by LTTE and was done in Srilanka. Hence the 9V battery was also soldered in Srilanka. There is no evidence to prove that Sivarasan had gone to Srilanka after May 1. Hence the question arises that who, when and where did the soldering work of 9 volt battery, supposed to have been bought by me was done?

I feel that the above given points are sufficient to prove that I am innocent.

My Prayer

I had not committed any offence according to law. Also I am innocent according to justice. Still more than the justice is on my side the fact that the diseased had occupied a high position only dominated and decided the fate of this case. I may be asked that if I had raised all the above points in my review petition, the Judges might have realised the truth. The fact is that my advocate in his review petition argument had placed more points than I have mentioned above. We have stated in our review petition about my innocence and injustices inflicted on me. Still justice had been denied. The tragedy is that justice Wadhwa in his order regarding the review petition had stated “Mr.Natarajan who appeared for the convict review petitioners submitted that he was not challenging the findings of guilt of the petitioners and was confining the review only on the questions of award of death sentence.” I am confident that you will understand if you go through my written review petition. I had full hope in the justice of the Supreme Court. But I was disappointed in the worst possible manner. I hope that you would not consider this as my allegation against judiciary. I can confidently state that in my case, the truth is that there was an error of judgement by court. Also I know, that generally world will accept only the statement of Court. I am much bothered to establish the truth with intellectuals and human rights activists in you at last. I can confidently state that even though you could not sign my release order, if at any moment, you realise that I am innocent, that itself would be a victory for my release.

You are aware of the big opposition to TADA. Also you know that the reason for the opposition is sec. 15 of TADA Act related to confession statements. My case was filed under this horrible Act. It is highly distressing to know that though in the end the Court had declared that we were not terrorists and TADA was inapplicable to this case, the Court had upheld the section of TADA related to confession statement and had awarded the maximum punishment of death sentence only on the basis of confession statement. The painful fact is that numbers 12,15 had demanded our life as the price for their game. Hence I could painfully recall the following rules of Lenin when I came to know of the judgement of Supreme Court. “Judges had supported worst possible crimes in the world. Hence, just because both the sides of a case are heard by judges, don’t think truth will come out”. Many times only the personal whims and fancies made the future of many a question mark. In the past there were many examples to this. In the past when Kehar Singh was hanged brutally, none raised their voice. But today I have realised that my position is not like this. I am happy to state it here. The voices raised for me encouraged me. They show the seed of confidence about my future. This representation of mine is no hollow emotional outburst. They are the truths in the mind of the person who is innocent. I have belief that ultimately truth will triumph. The facts happened within the four walls shall be known to many. This representation is its result. Sometimes in my long struggle for justice this letter might cause the joining of many more hearts of human love. Hoping for the same, I am writing this eagerly. My prayer is kindly consider this letter with an open mind and judge strictly according to law.

Kindly look at the sacrifices and commitment of a mother fighting for justice to her son for nine years. Truth must triumph atleast for her perseverance to get justice. Kindly help. To me, there is no prior example of a person who sought for justice after the confirmation in the Supreme Court. Still I plead. To that extent I had suffered injustice. Kindly wipe out my sufferings. Let suffering end with me. Let justice be equal to all when the sun rises the next morning. Let the murder of innocents using law end. I conclude this representation for justice citing the quotation of Thiruvalluvar who had given a common code for the world. “Whatever be the nature of a thing getting the truth in that thing is reason.” Let justice be won. Your’s lovingly,

A.G. Perarivalan

English version source: an-appeal.blogspot.com/

Irom extended her support

Irom Sharmila Chanu, who has been on fasting against Armed Forces (Special Powers) Act (AFSPA) for the past ten years in Manipur, has opposed death penalty. The activist, in a written message to NEW INDIAN EXPRESS through her brother stated, “I can’t support capital punishment. Just let them get the opportunity to realize what human life is for.”

Sikh students body oppose death for Perarivalan, Santhan and Murugan; want executions cancelled

Patiala

August 30, 2011

In a written statement released today, the Sikh Students Federation has showed its’ grave concern over the proposed execution of three Tamils who are accused on former Prime Minster Rajiv Gandhi’s murder in 1991. The students’ body has pleaded the cancellation of their death penalty as trio have already served more than 20 years in prison.

SSF has also expressed solidarity with the families of the convicts and extended their support to the student organizations and human rights activists organizing protests to seek clemency for Murugan, Santhan and Perarivalan.

“We have three points of concern in this regard; first, the execution would amount to “cruel, inhuman and degrading punishment” prohibited under Universal Declaration of Human Rights (1948) as accused were put on death row for more than a decade. Secondly, the executions would break the de facto moratorium observed by the Indian state for past seven years as no execution is carried since 2004. Thirdly these executions are opposed to global trends of abolition of death penalty” said SSF national president, Parmjeet Singh Gazi.

Among three, Murugan and Santhan, both in their forties, are Sri Lankans whereas Arivu alias Perarivalan, 37, is a citizen of India. They were sentenced to death in January 1998 by a TADA designated court on grounds of involvement in assignation of Rajiv Gandhi along with 23 others. Later a three-judges bench of Supreme Court of India confirmed the death sentence of trio along with one Nalini, while acquitting 19 other convicts and further commuting the death sentences of three others. In April 2000, the Governor of Tamil Nadu commuted Nalini’s sentence to life imprisonment, but rejected the pleas of the three men. Then the petitions were filed before President of India in 2000, and President took eleven years to form a decision, which has caused inordinate delay in executions.

“Prolonged and inordinate delay in execution, per se, is a ground for cancellation of death sentence in India” Gazi informed.

Meanwhile, the Tamil Nadu State assembly, today passed a resolution unanimously urging the President of India to review her decision rejecting review petitions by the accused.


ਪਰਮਜੀਤ ਸਿੰਘ

Parmjeet Singh Gazi
President
Sikh Students Federation

Harithra’s (Nalini-Murugan’s daughter) interview to BBC Tamil: English translation

http://www.bbc.co.uk/tamil/multimedia/2011/08/110827_murugandaughter.shtml

I was born in jail and grew up there. My grandmother took me away to Sri Lanka and took care of me.

I only saw my parents once, when I was 12 years old. They would often write to me, telling me that they stayed alive for my sake. Though I had such loving parents, I never had the chance to live with them. I was happy that they were at least alive. It feels terrible to have even that little happiness snatched away from me. It is extremely cruel to not have one’s parents and I pray to God that this does not happen to anyone. I don’t know what else to say.

I have applied for a visa to India where many people have voiced their support for my parents. I have also given a petition to the chief minister to spare my father’s life. Because my nationality is Sri Lankan, I have been told that it will take 15 days for my visa to come through. I plan to go to India once it comes through. Also, I heard that my father’s lawyers will file a case on Monday. That gives me a little consolation. Seeing all this news on television is very painful for me.

In truth, I don’t really know my parents. When I met them for the first time, I was very very happy. I felt, Is this my mother? Is this my father? I have missed them all these days. They would always encourage me through their letters and tell me to read and so on. It is for their sake that I work so hard to study. Their life is not in their hands. I only have the small belief that my life at least would make them happy.

I am going to study medicine. At present, I am studying biomedical sciences. It is my mother’s wish that I become a doctor.

As a daughter, I feel that my mother did no wrong. I wish the world believes this too. My mother regrets that she got trapped in this manner for no fault of hers, so she feels that at least her daughter should be educated and in a position to help other people. This is my mom’s wish from a young age. I am going to study medicine. When I said this to my parents, they felt very proud that I was going to live a life that was denied to them. They said that they derived happiness from the fact that I was going to help others. They said that their only source of happiness was the life I was going to lead. Their letters to me are very sentimental. Reading all that, I would feel very sad that I am missing such good parents. What to do? I think I am very unlucky.

I last saw them in 2005. After that I tried to go and visit them, but India denied me a visa to visit from Sri Lanka. So, I was unable to go. I think you might have read about it, my parents went on a hunger-strike requesting that I should be given a visa. Then there was a high court stay order, but at that time, I was studying here. My parents advised me to finish my studies and become a doctor, saying that it would make them very proud. So I did not go. But they frequently write letters to me and I write back to them. If I do not see their letter, I would feel lost.

As a child, I have missed my parents. I hope everyone understands what it means to not have one’s parents. I have sent a lot of petitions to the chief minister. Even if they are not released, at least let them not be subject to this cruel punishment. I can’t bear it. I cannot even think about it. I request all of you to pray for me. If it is possible, please send a representation to the chief minister. Thanks a lot for all your help. I will be forever grateful to you.

Thank you.

தோழர்.செங்கொடி உயிர் அர்ப்பணம் தொடர்பான அறிக்கை!

நீதிக்கான சனநாயக குரல்களை செவிமடுப்பதற்கு அரசு எந்திரம் தயாராக இல்லாத போது தோழர்.செங்கொடி போன்றவர்கள் தமது உடலையும், உயிரையும் அர்ப்பணம் செய்து அதிகாரத்திற்கு எதிரான ஆயுதமாக்குகிற வழிமுறைகள் உருவாகின்றனர். தோழர்.செங்கொடியின் உயிர் அர்ப்பணத்திற்கு இந்திய அரசு மற்றும் தமிழக ஆளும் தரப்பினரின் பாராமுகமும், மௌனமுமே முழு பொறுப்பும் காரணமும் ஆகும்!

நீதிக்கான அனைத்து சனநாயக வழிகளையும் அரசு மறுத்து  வருகிற போது நீதி கேட்கிற தனிமனிதர்களின் போராட்ட வழிமுறைகள் அசாத்தியமான வழிகளை எடுப்பது தவிர்க்க இயலாதது ஆகிறது. சமூகத்திற்கான நீதி கோரல்கள் இவ்வாறு தனிமனித தியாகங்களாக வெளிப்படுவது அச்சமூகத்தின் நியதி ஆகிறது.

– End Death Penalty

தமிழக அரசியல் கட்சித் தலைவர்களுக்கு குவைத் வாழ் தமிழர்களின் அன்புக் கோரிக்கை

பெறுநர்

மருத்துவர் இராமதாசு, புரட்சிப்புயல் வைகோ, பழ.நெடுமாறன், எழுச்சித்தமிழர் தொல்.திருமாவளவன், செந்தமிழன் சீமான், தோழர்.தியாகு, பெ.மணியரசன், கொளத்தூர் மணி, மருத்துவர்.கிருட்டிணசாமி, ஜனாப்.ஜவாகிருல்லா, ஜனாப்.எசு.எம்.பாக்கர், தோழர்.ஜி.இராமகிருட்டிணன், தோழர்.தா.பாண்டியன், தோழர். நல்லக்கண்ணு, பொன்.இராதாகிருட்டிணன், கி.வீரமணி, வே.ஆனைமுத்து, அரிமாவளவன், சுப.வீரபாண்டியன், கண.குறிஞ்சி, பா.செயபிரகாசம், அமரந்தா, திருமுருகன், தமிழரைக் காப்போம் (சேவ் தமிழ்சு)..

வணக்கம்,

தமிழகத்தின் அனைத்துப் போராட்டங்களிலும் பல்வகைகளிலும் தங்களின் பங்களிப்புக்களை புலம்பெயர்ந்து வாழும் நாங்கள் உன்னிப்பாக கவனித்துவருவதோடு, இயன்ற அளவில் நாங்களும் பங்குகொண்டு வருகிறோம். அந்த வகையில், தமிழ்ச்சொந்தங்கள் மூவரின் விடுதலைக்கான தங்களின் போராட்டங்களை ஆதரிக்கும் அதே வேளையில், இக்கட்டான சூழ்நிலையை எட்டியிருக்கும் இவ்வேளையில், தாங்கள் அனைவரும் ஒரே இடத்தில், ஒரே மேடையில் அனைத்துத் தமிழ் உறவுகளையும் இணைத்துக்கொண்டு, சென்னையிலோ அல்லது வேலூர் கோட்டை முன்பாகவோ சாகும் வரை உண்ணாவிரதப் போராட்டத்தைத் தொடரவேண்டுமென, புலம்பெயர்ந்துவாழும் தமிழ்ச்சொந்தங்களின் சார்பில் வேண்டுகோள் வைக்கின்றோம். தொடர்ந்து, தாய்த்தமிழ் உறவுகள் அனைவரும் இப்போராட்டத்தில் பங்கெடுப்பதோடு, பணிக்குச் செல்லாமல் புறக்கணித்தல், கடையடைப்பு, அமைதி ஊர்வலங்கள், உண்ணாவிரதம் என அனைத்துவிதமான அறவழிப் போராட்டங்களையும் முன்னெடுத்து, மூவரின் விடுதலையை உறுதிசெய்யக்கோருகிறோம்.

புலம்பெயர்ந்து வாழும் நாங்கள், என்றென்றும் தங்கள் போராட்டங்களை ஆதரிப்பதோடு இயன்ற அளவில் பங்காற்றுவோம் என்கிற உறுதிமொழியையும் இவ்வேளையில் தெரிவித்துக்கொள்கிறோம். ஊணுமில்லை உறக்கமுமில்லை, எம்மினச்சொந்தங்கள் விடுதலையாகும் வரை….

தமிழ்நாடன்,
மூன்று தமிழர்கள் விடுதலைக் கூட்டமைப்பு,
குவைத் கைபேசி: 00965-66852906,
thamizhnadan@gmail.com

குறிப்பு: புலம்பெயர் உறவுகளே!, மூவரின் தூக்குத்தண்டனையை நிறுத்தக்கோரி ஒரே மேடையில் அனைத்துத் தமிழகத் தலைவர்களும் உண்ணாவிரதம் இருக்க வலியுறுத்துங்கள், தமிழக முதல்வரை ஒன்றாகச் சென்று முறையிடக் கூறுங்கள். ஒவ்வொரு நொடிகளும் விலைமதிக்க முடியாதவை. ஒன்பதாம் தேதி தூக்கு என்று அறிவித்து அதற்கு முன்பே திடீரென தூக்கிலிட இந்திய வல்லாதிக்கம் முயல்கிறது. காலம் தாழ்த்தாதீர்கள்.

மரணதண்டனை ஒழிப்பு தொடர் போராட்டங்களின் விபரங்கள்

மரணதண்டனை ஒழிப்பு தொடர் போராட்டங்களின் விபரங்கள்:

  • 29ம் தேதி கோயம்பேட்டில் மக்கள் திரள் போராட்டம்.
  • ‎தூக்கு தண்டனையை ரத்து செய்ய கேட்டு 30 ஆயிரம் வழக்கறிஞர்கள் சென்னை உயர்நீதிமன்றத்தில் 29.8.2011 அன்று குரல் கொடுக்கும் முயற்சி.
  • ஆகஸ்டு 30ம் தேதி உயர்நீதி மன்றம் நோக்கி அணிவகுப்பு.

நாம் தமிழர் கனடா அழைப்பு:மரணதண்டனையை இரத்து செய்யுங்கள்! மனிதநேயத்தை காப்பாற்றுங்கள்!

புலம்பெயர் மக்களின் இந்திய தூதுவராலய முற்றுகை போராட்டம்.

எதிர்வரும் வெள்ளிக்கிழமை மாலை 6 மணி முதல் 8 மணி வரை

Place: at Sherbourne subway, 365, Bloor street, Toronto Indian consulate, Toronto
Time: 2.00 p.m to 7.00 p.m
Phone: Naam thamilar Canada 416 – 917 8951

தமிழ்க் கவிஞர்கள் மற்றும் எழுத்தாளர்கள் உண்ணாவிரதம்

தமிழ்க் கவிஞர்களும், எழுத்தாளர்களும் உண்ணாவிரதம் இருந்து தங்கள் எதிர்ப்பைத் தெரிவிக்க இருக்கின்றனர். தமிழ்நாட்டின் அனைத்து எழுத்தாளர்களும் கலந்துகொண்டு நிரபராதிகளை விடுதலையடையப் போராடுவோம்.

இடம்: கோயம்பேடு சந்தை அருகில், சென்னை
நாள்: நாளை ஞாயிற்றுக்கிழமை 27 ஆகஸ்டு அன்று காலை தொடங்கி மாலைவரை.
தொடர்புக்கு: சுகிர்தராணி
கைபேசி எண்: 9789712488

மரணதண்டனைக்கு எதிராக மூன்று பெண் வழக்கறிஞர்கள் காலவரையறையற்ற உண்ணாவிரதம்

மரணதண்டனைக்கெதிராக வடிவாம்பாள், கயல்விழி,சுஜாதா ஆகிய மூன்று பெண் வழக்கறிஞர்கள் தொடங்கியுள்ள காலவரையற்ற உண்ணாவிரதத்தில், 27 ஆகஸ்ட் அன்று திரைக்கலைஞர்கள், இயக்குநர்கள் வர இசைந்துள்ளனர். 28 ஆகஸ்ட் அன்று எழுத்தாளர்களும், 29 ஆகஸ்ட் அன்று பத்திரிகையாளர்களும், 30 ஆகஸ்ட் அன்று வலைப்பதிவர்கள், ட்விட்டர், பேஸ்புக் பயன்படுத்தும் இணைய அன்பர்களும் இணைய வேண்டுகிறோம்

-‘பற’ பெண் ஆளுமைப் பெருவெளி

மரணதண்டனையை நிறுத்த கோரி 26 ஆகஸ்டு மாலை முதல் மூன்று பெண் வழக்கறிஞர்களின் காலவரையற்ற உண்ணாவிரதம் சென்னை, கோயம்பேட்டில் (விஜயகாந்த் திருமண மண்டபம் எதிரில்) நடைபெறுகிறது.