Guwahati: The assassination of former Indian Prime Minister Rajiv Gandhi, AG Perarivalan was released on Wednesday after the Supreme Court (SC) approved his parole the day before.
The Supreme Court had exercised its powers under Article 142 of the Constitution believing that the Governor’s unreasonable delay in deciding Perarivalan’s early release petition under Article 161 justified his release.
Perarivalan had served 31 years in prison and had complained to the court over the delay in his release, despite the Tamil Nadu government’s request to commute his sentence in 2018.
The case featured a legal dispute over whether the President or the Governor had the jurisdiction to decide on the remission plea. Meanwhile, his bail order from the Supreme Court, due March 9, 2022, has been delayed.
The panel, which included Justices L Nageswara Rao and BR Gavai, remarked that the Tamil Nadu state government decided to grant Perarivalan remission based on pertinent factors.
It stated that the governor of Tamil Nadu’s inordinate delay in exercising his duties under Article 161 of the constitution can be challenged in court.
The panel rejected the Centre’s argument that the President had sole authority to award remission in cases involving Section 302 of the Indian Penal Code (IPC), 1860, noting that the Governor’s powers under Article 161 would be deemed otiose otherwise.
According to the bench, the state administration has the ability to assist and advise the Governor in pardon or remission requests involving murder cases.