A letter written by Murugan who is sentenced to death in the Rajiv Gandhi Assassination Case which has been published In Junior Vikaden dt.2nd Nov.2011 and the same rendered into English by L.Annadoure.
(December 22, Chennai, Sri Lanka Guardian) The volley of questions which I have posed already purporting to kindle your conscience will continue.
18: “Judges too are not beyond criticism. They too are human beings”, the aforementioned epithetical and jurisprudential words which are current in legal parlance, used to be quoted by the Honourable Supreme Judges themselves in their wisdom in many cases.
It cannot be said that there is no possibility, not even a single drop of doubt over innocent persons who were implicated in the case might not be punished on the basis of a false and fabricated evidence to procure which the prosecution took mammoth effort.
” In the event of a Judgment having been delivered on the strength and basis of documents and after appreciation of evidence, either to rebut the reasons arrived at in the said judgment or to make criticism over reasoning found in a such judgment, the aggrieved person may have right legally” , Supreme Court has held so.
We are reiterating our plea of innocence on the ground of paucity of evidence so as to drive home the offence with which we were charged , not even the very fabricated evidence both documentary and oral led in the case by CBI was enough to prove the charges, misinterpretation and failure to appreciate evidence in their right perspective and misapplication of laws.
You could not tolerate when we try to speak of the injustice that was done to us ; mental and physical tortures to which we were subjected to. ‘Hang them’, you raise voice.
Even after your leader Mrs.Sonia Gandhi herself who having come to commend to and condescended to pardon us you are refusing to agree with her acts of forgiveness…. Do you mean to say that she does not love the country as much as you do ?
Your are speaking from one political platform after another thundering loudly that the propriety on the part of Mrs.Sonia Gandhi in having pardoned us by commending to and for remission of sentence was her personal matter. Is it proper on your part to say that Mrs.Sonia Gandhi is more concerned with her feelings and sentiments rather than the country’s well being ? Thanu had killed Rajiv Gandhi only once?
But, whenever the topic of death of Rajvi Gandhi is needed for politicization and for revamping the sagging image of the party, you prop up his body under the pretext making investigation and you continue to kill it for more than 20 years on end… Is it sensible and prudent on your part in doing so?
19.The Honourable Chief Justice himself who confirmed the death sentence has unburdened his conscience on 2.9.2011in Asian Web site.
He has bared his heart and soul by saying that there might have been every possibility of our being innocent and having been made scapegoats and the passing of the sentence death against us was not justifiable. If we were to be hanged to death then it would amount to committing a wrong towards an innocent man like a wrong done to Jesus Christ who was crucified on the cross some 2000 years ago, he said .
What more basis is needed for the judiciousness of our claim than the emanation of feelings which has rankled in the conscience of the Honorable Judge who wrote the judgment against us? Why do you refuse to believe the reminiscential thoughts of the Honourabe Judge when You would come believe the false version propounded by CBI and when you agree with the reasons given by the Courts? what after all is the basis or proof for the suspicion cast on us?
Is your suspicion against us based on the general opinion that the Srilankan Tamils would do things in the way they did? or else you come to hate us when we were indicated as accused in the case.
20.Babu Elias who was the husband of one Mervin hailing from Kerala was murdered by two men who were residents of Nellai.
The reason she had given and advocated for so as to save the murderers from going to the gallows was her staunch belief that ‘atonement for the death of her husband would not be putting the murderers to death and by taking away the lives of two murderers her husband would resurrected to life?’, thus humanely saying so she wrote a piteous letter pleading mercy for the murderers and the voice she raised has saved the lives of the two murderers from being extinguished.
The aforesaid Mervin wrote a letter to Mrs.Sonia Gandhi. Mervin wrote to say to her that ‘ when she who being an ordinary woman could be the cause in saving the murderers from the gallows Mrs.Sonia Gandhi who is in higher echelon in society may take pity on the murderers who had entangled themselves in the Murder’, she pleaded thus.
Mrs.Sonia Gandhi who after reading the truthful letter of Mervin, has requited her sentiments by pardoning us and she then wrote a letter to The President of India. She was kind enough to espouse our cause and commended to and for commutation of death the sentence. Acting on the said letter, the sentence of death imposed on Nalini has been commuted into one of life imprisonment.
So for the death sentence imposed on us it remains as such for the past 10 years. When Mrs.Sonia Gandhi has condescended to write a letter pleading for commutation of death sentence you have been keeping silence for all the 10 long years and after passage of these 10 long years you gather people to make demonstrations and make them sit at hunger strikes urging the Government to hang us. The reason which you impute for our immediate execution is the love you bear towards the country.
You say that we have not alone killed Rajivi Gandhi but killed 17 others too who were at the scene of offence. You have rallied round the relatives of the 17 dead persons and make them to hold placards and raise their voice against us so that we would be put to death by hanging. To take away our lives, you rake up their dormant feelings and memories so as to enable them to vent their anger against us. Is this the greatness of your conscience?
21.Just because the Honourable Supreme court has decided so you mobilize your men, make demonstrations and want the legal noose to constrict our neck. But you must realize that you do disagree with the very decision arrived at by the Honourable Supreme court on two aspects.
Why do you refuse to believe even after the Honourable Supremem Court having been held categorically that the Rajiv Gandhi murder case would not come under the ambit and purview of the provisions of Terrorist and Disruptive Activities ( prevention) Act 1987, the murder of Rajiv Gandhi was not an offence against the Country and it was not a terrorist act and except the factum of Rajiv Gandhi having been killed on 12.5.91 at Shriperumbadur , the killings of others would not fall within the purview of TADA Act ?
You are taking up those passages in judgment which are favourable to your line of thought, you stick on to them steadfast and quote them in order to suit your convenience…Is it the way the congress people should give respect to courts?
You Good people who collect the kith and kin of the dead , organize demonstrations and arrange hunger strikes oblivious of the words of Supreme Court. Does not your act invite wrath and displeasure or rather contempt of court?
The aim of those murderers might have been to kill Rajiv Gandhi. But they would not have cared for the casualty of death that would ensue in the event of death by bomb blast.
Your are making unreasonable hue and crying for your political gains; you are shouting that they came to kill not only Rajiv Gandhi but others too and you point at us saying that these are the persons who had murdered your loved ones.
‘If the soul of the dead were to rest in peace these people have to hanged to death?’ you are pointing your fingers at us and by doing so you are flaring up and whipping up muffled feelings and sentiments of the people whose loved ones were dead and you are taking undue advantage over their ruffled feelings and sentiments and make use of such sentiments and grief for politicization as one would touch a little of pickle when taking food… Please tell me, how many of you had been to the house of those 17 dead and were in deep bereavement with the kin of the dead ?
How many of you have had participated thus far in the happy and sad occasions that had happened in the families of those 17 dead? ‘Since you came to see our leader, you have been made to be in such a precarious situation. We will partake of good and sad events in your life hereafter” , have you ever said such heartfelt words of condolence to them?
Do you know of a Congress man who has lost his loved in the tragic event who is languishing and despondent; who does not know the way to lead his life and who struggles every day of his life? But I am not going to reveal his name .
You rallied the family members round and made them stand at the street corners. Please try to seek and find the householder in respect of whom I gave a clue. If your could not find him then ask me who that man is. Then I will get that man and produce him before you so that the cruel politicking in congress Party would be exposed.
You who do not know the way to find a salvation for the family which has been made a destitute, a family which suffers all along owing to tragic event – more particularly a family with Congress back grounds. You hold their hands and drag them to street and make them raise their voice for speedier execution. What a cruel act is yours?
All these questions which I posed thus far are suffice. After having weighed and considered the matters which are inherent in the aforementioned questions, please tell me whether we are the culprits? Whether we have really conspired to kill Rajiv Gandhi? Is it not an event on the part of the investigating officers who in the grab doing investigation have kicked us in our stomach?
What after all is going to happen by hanging us? We are really languishing in jail by draping over us a blanket of death? I must say with conviction and I am of strong unflinching belief that 21 long years of imprisonment of our life and justifiable reasons which we placed before you would certainly have made the justices of your conscience to take pity on us.
Despite what we have submitted above, should you continue to hold opinion against us steadfastly that we are guilty of murder and should you still believe that the only remedy for the death would be our death then we are ready to face it boldly. Before such an event takes place I make a request for your consideration. you have not matured in wisdom in observing high ideals in life and a sense of forgiveness although Science has made long strides.
These days Science has evolved methods to analyze and find out truth accurately. It is being said that If a man subjected to such test, all matters inclusive of matters and information of days of his past years can be retrieved.
You must subject me to such a test. It may be bad on my part only if I have wept, supplicated and entreated you to redeem and save me. All I request you is to cause examination of me for detecting the truth of the matter for one last time. At the end of such an examination you will come to learn my thoughts and feelings in thousands which could not be told and which are lurking in the nook and cranny of my heart.
I do not consent in men examining me. Let Science play with our wounded hearts for a few hours. Let what we might depose become our dying declarations.
If you have the boldness in hearing me speak and a strong heart to bear with truth, hear my last words. Thereafter, whether you hang me …. or cut me into pieces and eat away….
Wounds will not heal