NEW DELHI: Reserving its order on a plea filed by AG Perarivalan for early release in former Prime Minister Rajiv Gandhi assassination case, the Supreme Court on Wednesday also questioned the Centre on its locus standi in defending the Tamil Nadu Governor.
The court reserved judgment after hearing arguments on legal provisions and judgments supporting the Governor’s decision of forwarding the decision on remission of Perarivalan’s sentence made by the TN cabinet to the President. Additional Solicitor General KM Natraj, appearing for the Centre, said,
“If the decision taken by the TN Cabinet is not within the constitution, then the Governor can refer it to the President who has the power to decide when there is a conflict.” The judges observed that as per the argument, the pardons given by Governors over the last 75 years will be void.
The court said if the Governor was not agreeable to the Cabinet recommendations, then he should have returned it for reconsideration of the TN government instead of referring the matter to the President.
‘Guv bound by aid, advice of ministers’
The Central Senior advocate Rakesh Dwivedi appearing for TN said the Governor is bound by the aid and advice of the council of ministers. In the last few hearings, the SC had asked the Centre as to why Perarivalan can’t be released after serving more than 30 years in jail. The top court had said why should he be caught in legal crossfire over who has the authority to grant him remission.
The top court had also remarked that prima facie the Governor forwarding the decision on remission of Perarivalan’s sentence taken by the Tamil Nadu Cabinet to the President would affect the federal structure of the Constitution.
“…This is a bizarre argument. Under what provision 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 had asked.
“The personal satisfaction of the Governor is no good while deciding mercy pleas under Article 161,” TN counsel had said. The court had granted bail to Perarivalan on March 9.