Rajiv Gandhi assassination convict Perarivalan reacts to SC verdict, says 'I have to breathe'
Zee News
Three days ahead of Rajiv Gandhi's 31st death anniversary, the Supreme Court on Wednesday ordered the release of AG Perarivalan, who was in jail for over 30 years after being convicted in the assassination of the former PM.
New Delhi: The Supreme Court on Wednesday (May 18, 2022) ordered the release of A G Perarivalan, who is in jail for over 30 years after being convicted in the assassination of former prime minister Rajiv Gandhi in 1991, invoking its extraordinary powers under Article 142 of the Constitution to do "complete justice" in a pending case.
Observing that the inexplicable delay in deciding remission is "inexcusable" as it contributes to adverse physical conditions and mental distress to the inmates, a bench headed by Justice L Nageswara Rao said the Tamil Nadu state Cabinet's advice recommending the premature release of all the seven convicts in the Rajiv Gandhi assassination case was binding on the state Governor.
Delivering its 29-page verdict that came three days ahead of Rajiv Gandhi's 31st death anniversary, the apex court also rejected the Centre's argument that the President exclusively has the power to grant pardon in a case under IPC Section 302(murder), saying this would render Article 161 (power of Governor to grant pardon) functionless.
The bench, also comprising Justice B R Gavai, held that states have the power to advise and aid the Governor in the case of pleas of pardon under Article 161 made by convicts in murder cases. The Centre had earlier defended the Tamil Nadu Governor's decision to send the mercy plea of Perarivalan to the President.
Article 142 of the Constitution deals with the Supreme Court's power to exercise its jurisdiction and pass order for doing "complete justice" in any case or matter pending before it. The article was also used in the Ram Janmabhoomi-Babri Masjid land dispute case in which the apex court granted the ownership of the 2.77 acres of disputed land in Ayodhya to a trust, paving the way for the construction of a Ram Temple.
