The Supreme Court on Wednesday termed the delayed decision of the Tamil Nadu Governor over the release of Rajiv Gandhi assassination case convict AG Perarivalan as an 'extraordinary issue', given that the state government had already recommended a pardon. According to The Supreme Court on Wednesday termed the delayed decision of the Tamil Nadu Governor over the release of Rajiv Gandhi assassination case convict AG Perarivalan as an 'extraordinary issue', given that the state government had already recommended a pardon. According to The Hindu, Justice L Nageswara Rao, who is heading a three-judge bench hearing this case made this oral observation. The Union government in turn, questioned the power of the Tamil Nadu Governor to grant remission to the convict, under Article 161 of the Constitution. Additional solicitor general KM Nataraj, who represented the Union government, reportedly argued in court that Perarivalan's plea should go to the President and not the Governor. But as per Article 161, the Governor of a state shall have the power to “grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.” Responding to this, senior advocate Gopal Sankaranarayanan and advocate Prabu Ramasubramanian, who were representing Perarivalan, said that the Union government’s argument insinuated that for 70 years, pardon pleas were being sent to the wrong person. They questioned if all prisoners are now expected to go to the President and said that the Union government comes up with something new in the case every five years. The Union government's arguments delaying Perarivalan's release come even as the Central Bureau of investigation (CBI) submitted an affidavit stating that the Governor can take a call on the pardon plea. Perarivalan was awarded the death penalty in 1991 in connection to Rajiv Gandhi's assassination. He was convicted for conspiracy in the crime and charged with providing a battery that was used in the explosive device that killed the former Prime Minister. After spending 20 years in prison, his death penalty along with that of other convicts was commuted to life imprisonment in 2014. In September 2018, the Tamil Nadu Government passed a resolution recommending his release and passed on the same to Governor Banwarilal Purohit. The Governor however, has not arrived at a decision on the matter.The Hindu, Justice L Nageswara Rao, who is heading a three-judge bench hearing this case made this oral observation.
The Union government in turn, questioned the power of the Tamil Nadu Governor to grant remission to the convict, under Article 161 of the Constitution. Additional solicitor general KM Nataraj, who represented the Union government, reportedly argued in court that Perarivalan's plea should go to the President and not the Governor. But as per Article 161, the Governor of a state shall have the power to “grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.”
Responding to this, senior advocate Gopal Sankaranarayanan and advocate Prabu Ramasubramanian, who were representing Perarivalan, said that the Union government’s argument insinuated that for 70 years, pardon pleas were being sent to the wrong person. They questioned if all prisoners are now expected to go to the President and said that the Union government comes up with something new in the case every five years.
The Union government's arguments delaying Perarivalan's release come even as the Central Bureau of investigation (CBI) submitted an affidavit stating that the Governor can take a call on the pardon plea.
Perarivalan was awarded the death penalty in 1991 in connection to Rajiv Gandhi's assassination. He was convicted for conspiracy in the crime and charged with providing a battery that was used in the explosive device that killed the former Prime Minister. After spending 20 years in prison, his death penalty along with that of other convicts was commuted to life imprisonment in 2014.
In September 2018, the Tamil Nadu Government passed a resolution recommending his release and passed on the same to Governor Banwarilal Purohit. The Governor however, has not arrived at a decision on the matter.