(X) Arivu (A-18) handed over the film roll for the purposes of taking photographs of events to Haribabu (DA), who also purchased a sandal wood garland from Poompuhar Handicrafts, Mount Road Madras to be used for garlanding Rajiv Gandhi at the scene of occurrence by Dhanu (DA) so as to gain access to the VVIP under the guise of garlanding;
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(XXV) Nalini (A-1) to Ranganath (A-26) caused the disappearance of evidence of murder of Rajiv Gandhi; and thereby Nalini (A-1) to Ranganath (A-26) committed offences punishable underSection 120-B of IPC read with Sections 302 of IPC, 326 of IPC, 324 of IPC, 201 of IPC, 212 of IPCand 216 of IPC; Sections 3,4 and 5 of Explosive Substances Act of 1908; Section 25 of Arms Act of 1959; Section 12 of Passport Act, 1967; Section 14 of the Foreigners Act, 1946; Section 6(1A) of the Wireless Telegraphy Act, 1933 and Sections 3, 4 and 5 of TADA of 1987.
Including the charge of conspiracy, which is charge No. 1, there are 251 other charges framed against the accused for having committed various offences in pursuance to the conspiracy under Charge No. 1. Out of these Nalini (A-1) has been charged on 121 different counts.
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Arivu (A-18) Charge Offence U/S Finding Sentence No.
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166 3(3) TADA Guilty Life 1617 to 109 & 302 IPC Guilty Death (16 Counts) 183 to 199 109 and 326 IPC Guilty 3 years RI (13 (13 counts) counts) 183,184, 86,187, 191 to
198. 200 to 205,226 to 228 Acqu-
itted of charges 185, 188,190 & 199 (4 counts) 200 to 225 109 and 324 IPC Guilty (6 1 Years RI Counts) 200 to 205 acquitted on counts (206 to
225) 226 6(1-A) of Wire- Guilty 2 Years RI less & Telegraphy Act and 109 IPC 227 12 of Passport Act Guilty 3 months RI 228 4(3) TADA punishable Guilty Life u/s 4(1) TADA and 109 IPC r/w 34IPC
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It was on this account, submitted Mr. Natarajan, that there was conspiracy to eliminate Rajiv Gandhi in order to prevent him from coming back to power. He said LTTE perceived the accord as object to stop creation of separate Tamil Elam which went against the basic objective of LTTE. The creation of separate Tamil Elam was thwarted by the induction of IPKF and in the fight with IPKF more Tamil Sri Lankan died than they died fighting Sri Lankan army. IPKF committed atrocities on Tamils in Sri Lanka. LTTE thus turned against the Government of India and the former leadership as it identified Rajiv Gandhi and his Government as bringing the struggle of Sri Lankan Tamils to square one. Rajiv Gandhi and the Congress manifesto supported the Accord even after IPKF had been withdrawn from Sri Lanka. Mr. Natarajan said that motive was not to overawe the Government of India or to create terror as was being alleged by the prosecution. Animosity of LTTE was only against Rajiv Gandhi who was identified with the Accord.
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Fourth group comprising Arivu (A-18) and Irumborai (A-19) came to India in October, 1990. They had gone to Sri Lanka in May, 1990 with Baby Subramaniam where they had met Prabhakaran.
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On 18.4.1991 Nalini (A-1), Murugan (A-3), Arivu (A-18) and Suba Sundaram (A-22) and deceased accused Haribabu attended the meeting of Rajiv Gandhi and Jayalalitha at Marina Beach, Madras. On the night between May 7-8, 1991 Nalini (A-1), Murugan (A3), Arivu (A-18) and deceased accused Sivarasan, Subha, Dhanu and Haribabu attended the meeting of Prime Minister V.P. Singh at Nandanam, Madras, where they conducted a 'dry run' by securing access to V.P. Singh for garlanding him.
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Arivu (A-18) gave a Kodak colour film roll to Haribabu. This Kodak colour film was to be used by Haribabu to take pictures of the scene of crime.
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Mr. Natarajan took us through the evidence. He understood the futility of the arguments, and in our opinion rightly, to challenge the very existence of a conspiracy. From the evidence led by the prosecution he did not dispute that reasonable grounds existed to believe that there was a conspiracy to commit an offence. According to him the object of conspiracy was to assassinate Rajiv Gandhi and not to commit any terrorist act or disruptive activity falling under Sections 3 and 4 of TADA as contended by the prosecution.
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In April, 1991 there was change of Government and LTTE men were searched and arrested with the result that Arivu (A-18) also started residing in Royapettah house.
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MO-82 Kawasaki Bajaj Motorcycle used by Sivarasan was subsequently seized by the police during investigation from the press of Bhagyanathan (A-20).
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Arivu (A-18) was little less than 20 years of age on the date of assassination of Rajiv Gandhi. He was sympathizer of LTTE movement. In 1986 he took part in an agitation and was imprisoned for 15 days in Madras. Suba Sundaram (A-22) was known to his father. Arivu (A-18) joined his studio (Suba Studio) in May, 1989. Muthuraja and Baby Subramaniam used to visit Suba Studio. Arivu (A-18) became close to them and started working for LTTE. He started selling and distributing LTTE literature. He used to sell these books in public meetings. In Suba Studio he also came in contact with Bhagyanathan (A-20) and deceased accused Haribabu, who were also working there. Even after they had left Suba Studio they used to come there. On account of the influence of Baby Subramaniam and his assistant Muthuraja both Bhagyanathan (A-20) and Haribabu were attracted towards LTTE movement and got involved there. When Arivu (A-18) came to Madras in May, 1989 he started staying with Bhagyanathan (A-20) and also with Muthuraja. Place of Muthuraja was used by LTTE people. In connection with LTTE work Arivu (A-18) used to visit Bangalore quite often. Arivu (A-18) also got in contact with Suresh Master (DA) and Trichy Santhan. Both were having important place in LTTE. Arivu (A-18) was being paid by Trichy Santhan for the work done by him for LTTE. He was getting a fixed amount every month. After the shooting incident of killing of Padmanabha and others by LTTE at Madras offices of LTTE were closed and thereafter it was an underground movement. Arivu (A-18) went to Sri Lanka with Baby Subramaniam in June, 1990. Irumborai (A-19) also went with them. In Sri Lanka Arivu (A-18) met Prabhakaran and other leaders and assured them to give full support for LTTE movement. During his stay in Sri Lanka there was war between LTTE and Sri Lankan Army. Then he learnt about the atrocities committed by IPKF and a feeling of revenge came to his mind. He and Irumborai (A-19) came back to India in the second week of October, 1990 with other wounded LTTE soldiers. Now he was full-fledged worker of LTTE. It was from February, 1991 that Arivu (A-18) started staying with Bhagyanathan (A-20).
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It was on account of the fact that President Rule was extended in January, 1991 and police was taking strong action against LTTE. Arivu (A-18) left his own residence and went to stay with Bhagyanathan (A-20). After Muthuraja went to Sri Lanka his job was taken over by Arivu (A-18). He was getting money from deceased accused Suresh Master and Trichy Santhan for meeting his expenses and was also paying to M. Sankari (PW-210), sister of Muthuraja. Arivu (A-18) in his confession statement said that Murugan (A-3) had come to Tamil Nadu from Sri Lanka for an important work of LTTE and in this work Haribabu was helping him and for that Haribabu had been receiving monthly salary from Murugan (A-3). Murugan (A-3) had been appointed in the spy wing of LTTE. Arivu (A-18) was recording TV news in VCR in Royapettah house. In March, 1991 he went with Murugan (A-3) to Vellore for LTTE work as in Vellore Fort and Jail Sri Lankan Tamils and LTTE personnel were kept in custody. Blast of Vellore Fort and Jail and releasing of LTTE militants was one of the LTTE works in India. Various people connected with LTTE would come to the house of Bhagyanathan (A-20). Arivu (A-18) said when these people were talking among themselves he understood that it was for a very important and dangerous act and he had a strong suspicion that the target would be Rajiv Gandhi.
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In April, 1991 when Sivarasan came to the house of Padma (A-21) he asked Arivu (A-18) if he was prepared to work with him. Arivu (A-18) agreed to work for him as Sivarasan was a senior LTTE member. Bhagyanathan (A-20) had already accepted to work for Sivarasan. Before going to Sri Lanka Muthuraja has handed over his work to Arivu (A-18) and also instructed Bhagyanathan (A-20) to give all help to Arivu (A-18) as may be needed for the movement. Muthuraja had also requested Nalini (A-1) to provide all help to Arivu (A-18) in his absence. Photos and publications of LTTE movement and other books which were with Muthuraja were kept by Arivu (A-18). In March, 1991 he shifted them to the house of V. Radhakrishnan (PW-231), a friend of Arivu (A-18). These contained a 3 volume Black Book and in the 3rd volume of the book there was a diagram of an electric circuit similar to one used for the belt bomb by the assassin Dhanu. Arivu (A-18) said that when the material was being transported Bhagyanathan (A-20) was also with him. On 3.5.1991 Arivu (A-18) met Sivarasan in India and at that time deceased accused Gokul @ Nero and Murugan (A-3) were also with him. Sivarasan asked Arivu (A-18) to buy a large size car battery, clips and other articles. Arivu (A-18) went to a shop along with Nero and bought battery, wire and other articles. Apart from other things battery was meant for a wireless set which Sivarasan wanted to install, by which he would contact LTTE Headquarters in Sri Lanka. While buying battery he gave his name as Rajan and also wrong address. Sivarasan also told Arivu (A-18) that he wanted a motorcycle to facilitate his travel and for the purpose he had come to India. He asked Arivu (A-18) to make arrangements for it as he himself did not want his name to be exposed.
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Arivu (A-18) arranged one Kawasaki Bajaj Motorcycle (Registration No. TN-07-A-5203). He took Sivarasan to the showroom on 4.5.1991 and bought the motorcycle in his own name but giving a wrong address. With the same wrong address Arivu (A18) had also opened a bank account in the bank. Sivarasan had given money for the purchase of the motorcycle. Arivu (A-18) also bought 9-volt battery (golden power) and gave that to Sivarasan. Arivu (A-18) said in his confession that Sivarasan used this (Battery) only to blast the bomb. On 7.5.1991 Arivu (A-18) had also gone to attend the public meeting of V.P. Singh and there he saw Nalini (A-1), Subha, Dhanu and Murugan (A-3). These three women were trying to step on towards the stage. Nalini (A-1) was requesting the organizers of the meeting and the police while Subha and Dhanu were standing with rose garlands in their hands. Haribabu was also seen on the stage. Arivu (A-18) did not see Sivarasan. Arivu (A-18) knew that Subha and Dhanu were lady tigresses of LTTE brought from Jaffna in Sri Lanka by Sivarasan for his job and they were "going and coming with Nalini (A-1)". After the end of the public meeting Murugan (A-3) gave a colour film roll to Arivu (A-18) for developing. None of the pictures had come out clearly. Arivu (A-18) also bought a multi meter for Sivarasan for use to test the electrical equipments. He had also bought earth wire. Sivarasan asked Arivu (A-18) to look after Vijayanandan (A-5), who was a senior LTTE leader. Vijayanandan (A-5) had come to India along with Sivarasan in the group of nine persons arriving on 1.5.1991. Vijayanandan (A-5) was staying in Komala Vilas lodge. Arivu (A-18) met him and took him to the house of N. Vasantha Kumar (PW-75). Vijayanandan (A-5) was to buy some books for the LTTE movement. In his confession Arivu (A-18) described N. Vasantha Kumar (PW-75) as his partner. He also described N. Vasantha Kumar (PW-75) as an LTTE member and close to Sivarasan. Once he said he had gone with N. Vasantha Kumar (PW75) to the house of Trichy Santhan (DA).
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