Another storm over Rajiv assassination probe

Another controversy seems to be catching up with the Rajiv Gandhi assassination probe following a controversial announcement made by the Dravida Munnetra Kazagham government in Tamil Nadu.

The state govenment plans to eject the Central Bureau of Investigation's Special Investigation Team probing the case from its present headquarters. The vacant building -- ''Malligai'' bungalow on Greenways Road, Madras -- will then be at forest brigand Veerappan's disposal, when -- and if -- he surrenders.

The move has raised a storm, with several quarters speculating about the adverse impact it would have on the case. ''Why is the SIT office being considered for keeping Veerappan under 'house arrest' of sorts?'' is the question that has been haunting all concerned.

According to informed sources, the case, being tried at the Poonamalee high-security prison-cum-court complex, is nearing the final stages, and a verdict may be pronounced before the year-end -- more than five years after the trial formally began on the eve of Rajiv Gandhi's first death anniversary on May 21, 1992.

Indications are that the prosecution has rested its final arguments, and the nine defence counsel are still arguing the case. One of the 25 surviving accused, namely LTTE activist Murugan, has been arguing his case himself from the very beginning, and he may also have his say.

Presiding judge V Navaneethan may then take about two months to study the case and prepare his judgment, which may run into a few hundred pages, at the least.

Incidentally, for a case of this magnitude, there was a change of judge in between. The previous judge S M Siddick has been promoted to the Madras high court bench. Several senior officials associated with the investigations and prosecution have also been transferred as their work has been completed.

The final arguments are said to be based on the trial, and there will be a separate sitting of the court after the judge gives his verdict, deciding whether or not the accused are guilty. The court will then hear both the prosecution and the defence on the punishment aspect.

In all, though the prosecution had listed 1000-odd witnesses, only about 280 persons were reportedly grilled, including nearly 50 ''secret witnesses''. Their identities had to be protected for their own security.

The defence was toying with the idea of summoning a few more witnesses, including some experts. But the move was reportedly dropped as it might not have helped their clients's case.

Considering the reports that the trial is nearing completion, few understand why the DMK is in a tearing hurry to force the SIT out of the ''Malligai'' building. However, a source said, ''Whether or not the state government is inclined towards housing Veerappan in the building, it wants the SIT to vacate at an early date -- after the trial is concluded and judgment pronounced. All documents that may be required for an appeal to the Supreme Court could then be housed either at the CBI office in Madras or its Delhi headquarters.''

Sources said the Veerappan issue could be an excuse, considering the case's sensitivity. ''A lot of ministers and other officials may be interested in making the building their official residence, but any pressure on the SIT could be wrongly interpreted, given the political issues involved.''

Other sources said that the very question of housing Veerappan at ''Malligai'', believed to be a haunted house, may not arise at all, as he may not surrender to the state government. Veerappan is said to be sore as past commitments have not been not kept.

Veerappan is also said to be concerned about the future of his gang members's families. He reportedly came up with an argument that his gang members need not be held on the same legal plane as he himself, as they were only carrying out his orders.

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