NEW DELHI: The Supreme Court has ordered the release of AG Perarivalan, who convicted and serving a life sentence in the assassination case of former Prime Minister Rajiv Gandhi. The court said that the governor took more time in disposing of the mercy petition of the convict. Perarivalan had said that the Tamil Nadu government took the decision to release him, but the governor, after keeping the file with him for a long time, sent it to the President. This is against the constitution.
As per the information, invoking its powers under Article 142 of the Constitution, the Supreme Court on Wednesday ordered the release of AG Perarivalan. For the unversed, Article 142 deals with enforcement of decrees and orders of Supreme Court and orders as to discovery
Earlier, in the hearing held on May 11, the Center had defended the Tamil Nadu Governor's decision to send AG Perarivalan's mercy petition to the President in the Supreme Court.
Additional Solicitor General (ASG) KM Nataraja told a bench of Justices L Nageswara Rao, BR Gavai and Justice AS Bopanna that with regard to remission, pardon and mercy petition of a person convicted under the central law. Only the President can decide on the petition.
The bench had questioned the Center that if this argument is accepted, then the exemption given by the governors till now will become invalid. The Supreme Court had also said that if the governor was not ready to accept the recommendation of the state cabinet on the issue of Perarivalan, he should have sent the file back to the cabinet for reconsideration.
The Supreme Court heard the matter for two hours and reserved its order after hearing the arguments of senior advocate Rakesh Dwivedi, appearing for the ASG, Tamil Nadu government and senior advocate Gopal Sankaranarayanan, representing the petitioner, on the petition filed by Perarivalan. Was. The written arguments were asked to be filed in two days.
The Supreme Court had earlier said that the Tamil Nadu Governor was bound by the state cabinet's decision on Perarivalan's release, and rejected his action to send a mercy petition to the President, saying he was not blind to anything against the Constitution. can do. The Supreme Court had granted bail to Perarivalan on March 9.
The court is hearing petitions in which Perarivalan had sought suspension of his life sentence in the case till the completion of the Multi-Disciplinary Monitoring Agency (MDMA) probe.