A bench of Justices L Nageswara Rao, BR Gavai and AS Bopanna used the extraordinary power of the Supreme Court granted under Article 142 of the Constitution to deliver “complete justice” and relief to Perarivalan, rather than giving his exemption to the governor. Cite the petition. Call. The court also said that the governor’s decision to send the petition to the President was wrong and has no constitutional backing.
The apex court’s order is the culmination of a protracted legal battle of Perarivalan alias Arivu that began after he was arrested in the case at the age of 19. He was sentenced to death and spent nearly 16 years in the shadow of death until the death penalty was commuted to life imprisonment by a bench headed by the then CJI P Sathasivam in 2014. He then went for an apology petition and was supported by the state cabinet but the governor sat on the recommendation for two and a half years and referred the matter to the President when the apex court questioned the delay on his part. head of state.
“Given that his petition under Article 161 remained pending for two and a half years after the recommendation of the State Cabinet and for more than one year since the reference of the Governor, we do not consider it appropriate to refer the matter for consideration of the Governor. to take remand. In the absence of any other disqualification and in the extraordinary facts and circumstances of the case, in exercise of our power under Article 142 of the Constitution, we direct that appellant He is believed to have served his sentence in connection with the 1991 offense number 329. The appellant, who is out on bail, is immediately given liberty,” the bench said.
the former PM Rajiv Gandhi He was killed by a suicide bomber during an election campaign in Sriperumbudur (Tamil Nadu) on May 21, 1991. Perarivalan was convicted of buying the batteries used to carry out the bombings that led to the death of the former PM. He was among 26 accused who were sentenced to death by a TADA court in 1998.
The court said that apart from his good behavior in prison, Perarivalan had educated himself and successfully completed his higher secondary examinations and earned undergraduate and postgraduate degrees and a diploma, and completed eight certification courses and learned about his conduct in prison. I didn’t get any complaints. Also, he did not violate any condition when he came out on parole twice.
While ruling on the validity of the Governor’s decision to send a clemency petition to the President despite the Cabinet’s recommendation, Justice Rao said the decision taken by the Governor “is without any constitutional backing and is contrary to the plan of our Constitution.”
The bench said that the governor should not act on his own decision but on the aid and advice of the ministers. “The constitutional conclusion is that the Governor is a shorthand for the State Government,” the bench said.
“The law laid down by this court is clear and clear. The advice of the State Cabinet is binding on the Governor in matters relating to amendment/exemption of sentences under Article 161. We have not been told any provision under the Constitution nor given any satisfactory response as to the source of the power of the Governor. A recommendation made by the state cabinet to the President of India. In the present case, the Governor should not have forwarded the recommendation made by the State Cabinet to the President of India. Such action is contrary to the constitutional scheme mentioned above,” the bench said.
The court also rejected the Centre’s contention that the President is the appropriate authority to decide the pardon petition of a person convicted under the central law. It said, “… in so far as offenses under section 302 of the IPC are concerned, in the absence of any special provision under the Constitution or under a law made by Parliament, which expressly confers executive power on the Union. shall be the executive power of the State. Whether the subject matter of section 302 is deemed to have been covered by an entry in List II or by an entry in List III of the Seventh Schedule.”
watch Rajiv Gandhi assassination case: AG Perarivalan to be released after 31 years in jail