Explained| Article 142 of the Constitution under which Supreme Court ordered release of Perarivalan

The court felt that it was not a fit case to be remanded to the Governor’s consideration under Article 161 of the Constitution

The story so far: The Supreme Court on Wednesday exercised the power conferred on it under Article 142 of the Constitution to order the release of former Prime Minister Rajiv Gandhi assassination case convict A.G. Perarivalan. While doing so, the court took into consideration the convict’s prolonged period of incarceration, his satisfactory conduct in jail and during parole, his educational qualifications acquired during incarceration, chronic ailments from his medical records and the 2018 State Cabinet recommendation made to the Governor, to exercise the power under Article 161 of the Constitution and release all seven convicts involved in the case, having been kept pending till date.

Therefore, “we do not consider it fit to remand the matter for the Governor’s consideration. In exercise of our power under Article 142 of the Constitution, we direct that the appellant is deemed to have served the sentence in connection with Crime No. 329 of 1991. The appellant, who is already on bail, is set at liberty forthwith. His bail bonds are cancelled,” the judgment rendered by a Bench of Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna read.

What is Article 142 of the Constitution?

Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses.

Article 142(1) reads: The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Article 142(2) reads: “Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it. It held that it was not a fit case to be remanded to the Governor for his consideration under Article 161 of the Constitution.