In a move that is set to open old controversies, a special court for TADA cases, here on Thursday, ordered notice to the Central Bureau of Investigation (CBI) in a petition filed by Rajiv Gandhi assassination death row convict, A G Perarivalan, seeking supervision of the Multi Disciplinary Monitoring Agency (MDMA) that was formed to probe the larger conspiracy behind Rajiv’s killing.
The notice followed an in-camera hearing that lasted over 30 minutes during which the CBI counsel argued vehemently against the very maintainability of the application.
Counsel for Perarivalan, N Chandrasekaran, argued that the courts do have the powers to monitor the investigation of a criminal case.
This has been validated by two apex court judgements in 2009 and 2011.
The petition, filed under 156(3) of the Criminal Procedure Code, the death convict claimed that the outcome of the MDMA investigations, which began in 1998, into the larger conspiracy of Rajiv killing, could have serious effect on him.
He claimed that the number evidences relating to the security arrangements for the Sriperambudur meet on May 21, 1991 have been destroyed, which required further probe.
While the MDMA was formed specifically to probe larger conspiracies behind the assassination of a former prime minister, it has not progressed anywhere since its formation in 1998.
Therefore, the petition sought effective monitoring of the MDMA by the court to steer the investigations. When the petition came up for hearing on Thursday, the CBI told special judge for TADA cases, N Dhandapani, that the petition was clearly not maintainable as the provisions under which it has been filed dealt with completely different matters under law.
However, when the judge admitted the petition, the CBI counsel sought time to file a reply.
The matter was then posted to October 10.
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