The Madras High Court on Tuesday observed that a CBI probe can be ordered only in rare cases as per Supreme Court directives, refusing to direct a CBI investigation into the manner in which A G Perarivalan, a released convict in the former Prime Minister Rajiv Gandhi assassination case, was allowed to enroll as an advocate in Tamil Nadu.
Court's Observation
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan stated, "No relief has been prayed against the CBI in the main petition. As a consequence, CBI is not a necessary party. Accordingly, the miscellaneous petition is dismissed as not pressed. Consequently, the writ petition against CBI stands dismissed."
Next Steps
The court directed the Union government, the Bar Council of India (BCI), and the Bar Council of Tamil Nadu and Puducherry to file their responses to the main petition and adjourned the hearing to July 8.
Background of the Petition
The orders were passed on a plea moved by Congress MP R Sudha, seeking direction to the BCI to restrain life convict Perarivalan from practicing as an advocate. She contended that Perarivalan has not been acquitted in the case by the Supreme Court and, therefore, there is a bar under the Advocates Act against enrolment of convicted persons as lawyers.
Perarivalan's Conviction and Release
Perarivalan, who was convicted and initially awarded the death penalty in the assassination case, had served more than 30 years in prison after his sentence was commuted to life imprisonment. He was released by the Supreme Court, citing an inordinate delay in deciding his mercy petition by the Governor. On April 24, he enrolled as an advocate with the Bar Council of Tamil Nadu and Puducherry.
The court's decision underscores the stringent conditions under which a CBI probe can be ordered, as per established legal precedents. The matter will be heard further in July.
