Ex-DMK minister freed in Padmanabha case

The two convicted are Santhan alias Chinna Santhan, a Sri Lankan, who is also accused in the Rajiv Gandhi assassination case, and 80-year-old Anantharaj, from Trichy. Santhan was awarded six years rigorous imprisonment (RI) with a penalty of Rs 2000, in default to undergo one year RI.

Anantharaj was given five years RI with a fine of Rs 1000, in default to undergo another six months RI. Since Santhan was an accused in the Rajiv Gandhi assassination case also, he cannot be released, the judge said.

The prosecution had framed several charges under various sections of the Indian Penal Cide, TADA Act, Arms Act and Explosive Substances Act, but it was able to prove only an offence under Sec 3 (3) of TADA Act (abetment) against Santhan and 3(4) (Harbouring) against Anantharaj.

The judge said that from 206 witnesses examined, there was no direct evidence to prove that A-1 to A-8 (Santhan, Vicky, accused in Rajiv Gandhi murder case also, Nagarajan, Rajan alias Kunjan, T V Maruthanayagam, a Tirunelveli-based advocate, Jayabalasingham, a Sri Lankan, and his wife Chandravadana and Vasanthan, another Sri Lankan) got together either at Jaffna or at Trichy or at Chennai and made preparations to kill Padmanabha.

As regards Santhan, the judge observed that the witnesses had identified Santhan, who knowingly facilitated the commission of the terrorist act. Further it was clear from the evidence that bombs containing RDX and TNT explosives and AK-47 rifles, were used at the place of the act. This was positive proof to indicate the nature of the act. Santhan had knowingly abetted, advised and facilitated the commission of terrorist act by a killer squad’. “Hence, I hold that Santhan was guilty under Sec 3(3) (abetment) of TADA Act and I convict him to six years RI”, the judge said.

The charge against former Home Secretary Nagarajan was that he had given instructions to higher police officials not to apprehend the killer squad’ to enable them to escape. The judge said that two police officials in the rank of Deputy Inspector General and Inspector General, who were examined, had not supported the case of the prosecution. Hence, there was absolutely no evidence on record against Nagarajan to connect him with the offence.

The judge informed that there was also no proof showing that Subbulakshmi and her husband Jagadeesan had harboured Gundu’ Santhan at their farm house in Kalmangalam during September-October, 1991.