This letter has been written by Murugan who was sentenced to Death in Rajiv Gandhi Muruder Case –Junior Vikaden dt.16.11.2011 Translation done by L.Annadoure.
Pottu Amman, Vaiko and Prabhakaran – file Photo
( December 10, Chennai, Sri Lanka Guardian) When a person could not be made to budge in by any means his antagonists then would next delve into and ransack the person’s matters personal and private and such an intention should be cruel. Investigation officers knew with much conviction that I did not ever know that they were going to assassinate Rajiv Gandhi. But they had desired to delineate in such a way that the conspiracy to assassinate was hatched with my full knowledge. They had tortured Nalini in several ways and means to get confessional statement from her so as to incriminate me. Since Nalini could not be brought to speak against me then the weapon which they had chosen to wield against me was “matters of privacy”. They had informed Nalini that I had been maintaining illicit intimacy with many women. And then they spoke to me ill of her without qualm in order to create in my mind a sense of suspicion over her fidelity. Then they had imputed bad reputation and put shame on the foetus which she bore in her womb. But whatever their designs were they did not succeed in cutting asunder the marital tie between us.
In page No.299 of the judgment it was observed as follows, “ The Accused persons did not complain of any prejudice having been caused to them or against them during the entirety of the trial proceedings ” How cruel they were to say that no injustice was done to us when in fact what they did not do against us ultimately was not to have killed us? The entire prosecution case was sought to be shattered by relying upon flaws inherent in the investigation, contradictions in the evidence, illegalities and irregularities in procedural aspects. By trampling underfoot the sense of humaneness and pity, the entire prosecution- legal luminaries and investigating officers had been working hectically. The reason behind cherishing hopefulness on our part that ‘the legal battle which we have taken up would redeem us ’ is the insurmountable difficulties which we have had crossed over thus far. Had not our heath been good then a full stop would have been placed at our life when the time we were tortured mercilessly by the investigating officers. Since a life which was in a quagmire of battle and bloodshed and which had crossed over those difficult days will not fall pray so easily to the noose.
Some 35 persons had committed suicide owing to the intolerable excruciating painful tortures which were done by C.B.I and S.I.T. Tamil Nadu will not forget so soon of the scene of the Accused Shanmugam hanging dead in kneeling position. The press had accused the investigating officers that it was a planned murder. We had made our complaints before the court in writing as and when we were necessitated to do so or the occasion arose pertaining the illegalities, police excesses, discriminations and partisan attitudes. We have in our possession the documents seeking the indulgence of the court and orders passed thereof. Not less than 500 complaints or objections had been filed before court. Despite the extant of dearth of documents purporting to raise objections on the file of the court, the High Court Judge were to say that no prejudice of whatsoever nature was caused to us then one can understand how the prosecution would have struggled to prove the case foisted against us and drive home the offence ? The written arguments which we had submitted and our answer to questions posed under sec 313 of Criminal procedure code were not taken into consideration; the exhibits marked in evidence and the deposition of witnesses had not been read in their right perspective and in all nothing had been placed to the knowledge and notice of the court.
In page No.356 of the judgment it was found written there as follows, “ Owing to the existence close friendship with Sivarasan, Suba, Thanu and Murugan, Nalini was nurturing deep animosity and ill will against Rajiv Gandhi and Indian Peace Keeping Force ”
Nalini herself had admitted this aspect in her confessional statement maintained the prosecution in order bastion and buttress their false case. No where in the Prosecution document No. 77 there had been mentioned as harbouring the alleged the sense of animosity against Rajiv Gandhi and Indian Peace Keeping Force. On contrary the words like ‘strong feeling’, strong emotions alone had been employed. There was no mention anywhere in the documents that I was the cause for having been harbouring such a ‘strong feeling’ and ‘strong emotions’. Neither in the prosecution Documents No.77and No.81 nor in any other depositions of witnesses there were evidence that I had spoken to Nalini in such way to incite her to harbour extreme hatred against Rajiv Gandhi and Indian Peace Keeping Force. ‘When genuineness mixed with spuriousness then spuriousness will metamorphose into genuineness’, they had put into use such a concept.
It was there in the prosecution document No.77 to the effect that I had conversed with Suba and Thanu of the atrocities which the Indian Peace keeping Force had committed in Eelam land. The meaning of aforesaid words had been wrongly understood and they had delineated it in such way to project me as the one who had made Nalini to conspire against Rajiv Gandhi. What was wrong in one speaking with tearful eyes of horrendous annihilation of life and atrocities committed by Indian Peace Keeping Force there in Eelam Land? Are you not in agreement with me even in wailing and crying over the dead? Will you not mourn the demise of your kin and share the bereavement with some one close to you? How justiciable it would be to conclude that by sharing the news with Nalini of incidents of atrocities and murders which had been committed in the Eelam Land we had made her to rise up against Rajiv Gandhi? Did not the Tamil Press themselves carry and present with the tears trickling of the news of murders and atrocities which the Indian Peace Keeping Force had committed in Eelam Land to the last of our kin and kith and to every nook and corner in Tamil Nadu? Since because the Tamil Press had published the news could it be said that the press was the cause for the Assassination of Rajiv Gandhi? Is it a sin to speak of the sadness in this land? How could I come to create a conspiracy to murder in the mind of the woman whom I loved, took her hand in marriage and who bore my child ?
In page No.356 of the Judgment it was written as follows, “ From Feb 1991 Nalini had joined the company of the members of Liberation Tigers ”
In the Prosecution Document No.77 there was not anything like the one mentioned above. But on the contrary one could find written there that Nalini told them that ‘I who was ( Accused No.3) had come over here to learn English during Feb 1991and that I was staying with her’. There was no evidence to indicate that I had executed any work for the members of Liberation Tigers either prior to February 1991 or subsequently. Similarly, there was absolutely no evidence either oral or documentary to show the existence of close relationship or connection with Sivarasan, Suba and Thanu. I was staying in the house initially and then I became Nalini’s lover and later I became Nalini’s husband and that was how my introduction was and to prove these aspects alone the prosecution had contrived to fabricate evidence with intent to procure conviction.
In the prosecution Document No.77 it was written there as though one deposed by Nalini which was that ‘I had to help Suba to go into hiding in any of cities after assassination ( until further orders came from Sivarasan)’ and ‘that during entire execution of the plan I was required to protect and shield Suba and Thanu’ and it was further mentioned there that ‘Nalini did accordingly’ which allegation was false but it had been written there as though such incident had taken place .
Nalini who had been brought away by Suba from the place of crime went into hiding along with her which was against truth and it was an imaginary story. Until 9.06.91, Nalini was staying in her house with family members and she had been regularly attending her office.
In page No.358 it was written there that the prosecution witness No.233 Bharathi who was the friend of Kaliyani who was the sister of Nalini, was alleged to have said of Nalini’s association with Liberation Tigers .
The aforesaid prosecution Witness No.233 had not deposed anywhere in her evidence as regards Nalini’s association with Liberation Tigers. The aforesaid witness had also been staying along with me for about 4 month in the same house. She knew me several times more than what Nalini did knowing full well that I was a member of Liberation Tigers. She was very friendly with me .While we were in judicial custody she wrote letters to the family of Nalini and while doing so she had also written letter to me. On 8.6.91 when the members of the family of Nalini had decided to commit suicide she had also attempted to commit suicide along with them. As I had happened to go to the house of Nalini unexpected I had prevented them from committing suicide. Whether, in view of what has been stated above, the witness Bharathi could agree to give evidence against Nalini? How can it be said the woman who marries a member of liberation Tigers is also in association with the Liberation Tigers?
In page No.365 it was mentioned there that I had completely indoctrinated Nalini by telling her of the activities of Liberation Tigers, the atrocities committed by Indian Peace Keeping Force and of Liberation tiger’s hatred for Rajiv Gandhi.
In the prosecution document No.81 it had been written that I had spoken to Nalini of the principles of Liberation Tigers, the activities of Indian Peace Keeping Force. But there was absolutely no evidence which would purport to show at least I had imagined myself of harbouring hatred and ill will against Rajivi Gandhi rather than to show that I bore hatred towards Rajivi Gandhi in reality. Such a proposition was a rank falsehood which had been surreptiously introduced.
In the page No.366 it had been written as though I had given a confessional statement purporting to admit the proposition that one among the activities of the Liberation Tigers, while being here, was to plant bombs in Vellore Fortress and destroy it and redeem the Liberation Tiger prisoners from there.
In order to justify their intent to procure a conviction against us for the alleged offence after fabricating false evidence the prosecution might even project an imaginary story quite contrary to their case as such and much against their own documents and the evidence of the witnesses with which they had intended to prove and drive home the alleged offence initially and our case is an apt instance. They would elongate the accusations against me by alleging that by staying and remaining in Tamil Nadu I had been sending information to Tiger leader Pottuamman who had entrusted to me many works and such a baseless and unfounded allegation really saddens me. They say I had taken photos of Vellore Fortress and sent them. What a meritorious leader Pottuamman was? He was in a superior place in the movement and why no body had ever weighs and considers the propriety of such concocted statement. Whether Pottuamman would speak to an ordinary man through wireless? Thank Goodness they had not said that I was the one who had devised plans for Pottuamman!
Wounds will not heal