CHENNAI: The Madras High Court on Wednesday orally observed that a Governor being a constitutional authority cannot be sitting idle, despite the state government's recommendation to release all the seven convicts in the Rajiv Gandhi assassination case.
The two-member bench comprising justices R Kirubakaran and VM Velumani made the observation while hearing a habeas corpus plea moved by T Arputham, the mother of life convict AG Perarivalan.
Arputham urged the court to intervene and grant 90 days parole to her son Perarivalan who is suffering from various medical ailments.
The bench said, "A time limit is not prescribed for deciding on the case, as trust and faith is attached to such a position of high constitutional authority. However, if the authority fails to take any decision within a reasonable time, then the court has to intervene."
The bench then directed the state prosecution to file a detailed counter on granting parole for 90 days.
According to the petitioner, Perarivalan has been suffering from urinary tract infection and benign enlargement of the prostate for which the urologist has prescribed medicines and periodical checks. He has been regularly visiting Stanley Medical College and Madras Medical College.
Doctors advised him to have check-ups every 15 days to control the infection. Recently he has been missing his periodical check-ups as hospitals are overflowing with COVID-19 patients, which has resulted in acute pain.
Due to COVID-19, at least 50 inmates in the Puzhal prison have been infected and there are high chances of Perarivalan contracting it, emphasized the petitioner.
The bench recording the submissions also directed the High Court Registry to inform the counsel of the Governor's office to get appropriate instructions on the status of releasing all the convicts based on the state government's recommendation. The bench adjourned the plea to July 29.