Why can't Rajiv Gandhi case convict be released after serving 36 years in prison: SC to Centre
NEW DELHI: The Supreme Court on Wednesday asked the Central Government to clarify its position on why G Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, cannot be released after having served a sentence of more than 30 years.
“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?" Justice L Nageswara Rao said.
The top court said why should he be caught in the crossfire over a legal issue on whose authority is to grant remission
The top court questioned Additional Solicitor General KM Natraj appearing for the Centre on the power of the governor to refer the decision of the executive.
The top court orally remarked that prima facie the Governor forwarding the decision on remission of Perarivalan’s sentence made by the Tamil Nadu cabinet to the President would affect the federal structure of the constitution.
“…This is a bizarre argument. Under what provision in the constitution has the governor referred the case to the President? What is the source of the power? The question is can the governor do that? What you are arguing has wider ramifications...” the bench said.
Senior advocate Rakesh Dwivedi submitted that there are several verdicts of the top court and the position on this question is settled by law. He argued that the governor has to act with the aid and advice of the state government.
“The personal satisfaction of the governor is no good while deciding mercy pleas under Article 161..” He said.
ASG Natraj appearing for the Centre, however, defended the Tamil Nadu 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 top court on March 9 had granted him bail taking into account the fact that he has already spent more than 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 top court had said in the March 9 order.
The matter would now be heard on May 4.