The Supreme Court on Wednesday demanded an explanation from the Centre as to why AG Perarivalan, a convict in the Rajiv Gandhi assassination case, had not been released despite completing a 36-year term.
‘Why don’t you just agree to have him released? People who have served over 20 years are released. We are also offering you an escape route. Your argument that the Governor does not have the jurisdiction to take a decision on the mercy plea under Article 161 strikes a blow on the federal structure of the Constitution. Under which provision can the Governor refer the decision of the State Cabinet to the President?’ a bench of Justices LN Rao and BR Gavai asked the Additional Solicitor General KM Natraj.
‘If at all the Governor disagrees with the State Cabinet decision to release him, the proper course for him would be to refer it back to the Cabinet and not forward it to the President, who is bound by the aid and advice of the Centre. That cannot simply be done. We prima facie find the Governor’s action wrong and you are arguing against the Constitution,’ the bench added.
‘Under what provision in the Constitution is the Governor referring the case to the President? Is this not an issue in which the Governor acts on the aid and advice of the State Cabinet? What is the source of power which allows him to refer the matter to the President? Under Article 161, the Governor has to exercise his powers independently,’ Justice Gavai told the Centre.
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