HC refuses CBI probe into Perarivalan’s enrolment as advocate

Chennai: A probe by the CBI can be ordered only in rare cases as per the orders of the Supreme Court, the Madras high court observed on Tuesday, refusing to direct the CBI to probe the manner in which the released convict in the former prime minister Rajiv Gandhi assassination case, A G Perarivalan, was allowed to enroll as an advocate in Tamil Nadu.

“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,” the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan said on Tuesday.

The court then directed the Union govt, 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.

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, who was convicted and was initially awarded death penalty in the assassination case, had served more than 30 years in prison after it was commuted into a life sentence. 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.