NEW DELHI: The Supreme Court on Wednesday asked the Centre to clarify its position on releasing AG Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case who had spent more than 30 years in jail. The court would hear the case on May 4.
“Why don’t you just agree to have him released? People who have served over 20 years are released... Why don’t you release him...? Why should he be caught in the middle of who has the authority, President or Governor, to decide,” asked Justice L Nageswara Rao.
Questioning Additional Solicitor General KM Natraj, appearing for the Centre, on power of Governor to refer the State’s decision to the President, the SC said, “…This is a bizarre argument. Under what provision of the Constitution has the Governor referred the case to the President? What is the source of power? What you are arguing has wider ramifications...”
Prez, not Guv is the competent authority: ASG
The Supreme Court remarked that prima facie the Governor forwarding the decision of the TN Cabinet to remit Perarivalan’s sentence to the President would affect the federal structure of the Constitution.
Additional Solicitor General (ASG) Natraj appearing for the Centre, however, defended the TN Governor’s decision to refer the mercy plea to the President.
He submitted that in certain instances, the President and not the Governor is the competent authority. The SC on March 9 had granted bail to Perarivalan taking into account he had spent over 30 years in prison.
“… we are of the considered view that he is entitled to be released on bail in spite of the vehement opposition by Mr. K M Nataraj, learned Additional Solicitor General,” the apex court had said.