Rajiv Gandhi assassination case: Supreme Court not happy with Perarivalan's remission of sentence recommendation pending With Governor for over 2 years
Supreme Court is not happy with Perarivalan's remission of sentence recommendation pending With Governor for over 2 Years in Rajiv Gandhi assassination case "We do not want to exercise jurisdiction. But we are not happy with how this recommendation has been pending before the Governor for 2 years", observed Justice L Nageswara Rao, the presiding judge of the bench.
The bench, also comprising Justices Ajay Rastogi and Hemant Gupta, was hearing the petition filed by Perarivalan seeking release. Senior Advocate Gopal Shankaranarayanan, appearing for the Perarivalan, submitted that though the State Government had recommended the release of Perarivalan after remitting his life sentence, the Governor has not yet taken an action for over two years. Justice Rao asked if the Court can direct the Governor, a constitutional authority, to make a decision under Article 161 of the Constitution. The bench asked Shankaranarayanan to present before the bench the precedents where the Courts have issued directions to the Governor.
Justice Rao referred to the 2014 judgment in Shatrughan Chauhan case, where the SC said that mercy petitions have to be decided in a time-bound manner, and also the cases where the courts have requested the Governor to take decisions on matters pertaining to the Assembly. Shankar Narayanan referred to the Nilofer Nisha judgment of the Supreme Court, where he said the court exercised powers under Article 142 to order the release of prisoners in Tamil Nadu who were covered under the same remission notification which dealt with Perarivalan as well. The Governor is bound by the recommendation of the State Government, the senior counsel submitted.
Additional Advocate General of Tamil Nadu, Balaji Srinivasan, informed the bench that the Governor has taken a stand that he cannot take a decision without receiving the report of the multidisciplinary monitoring committee of the CBI, which is looking into the angle of 'larger conspiracy' behind the case. The Additional Solicitor General of India, K.N. Nataraj, told the bench that the investigation on the angle of 'larger conspiracy' was spread over foreign countries such as the United Kingdom, Sri Lanka and that the CBI is waiting for replies to the rogatory letters sent to foreign jurisdictions.
At this juncture, Justice Nageswara Rao told that the probe into "larger conspiracy" is related to some other persons who may be involved behind the Rajiv Gandhi assassination case and that it is not related to persons who have already been convicted and been spending time in jail for past 28 years.
"Larger conspiracy is pending for 20 years. Still, you are at the stage of getting replies of rogatory letters from UK/Bangkok", Justice Rao remarked. The bench then proceeded to list the matter for hearing on November 23.
Perarivalan was awarded death penalty for conspiracy behind the assassination of former Prime Minister Rajiv Gandhi after being charged with providing a 9-volt battery for the explosive device to assassination conspirator Sivarasan.His death penalty was commuted to life term imprisonment after a Supreme Court verdict on 18 February 2014.In September 2018, Government of Tamil Nadu announced its decision to release him along with six other convicts.
The bench, also comprising Justices Ajay Rastogi and Hemant Gupta, was hearing the petition filed by Perarivalan seeking release. Senior Advocate Gopal Shankaranarayanan, appearing for the Perarivalan, submitted that though the State Government had recommended the release of Perarivalan after remitting his life sentence, the Governor has not yet taken an action for over two years. Justice Rao asked if the Court can direct the Governor, a constitutional authority, to make a decision under Article 161 of the Constitution. The bench asked Shankaranarayanan to present before the bench the precedents where the Courts have issued directions to the Governor.
Justice Rao referred to the 2014 judgment in Shatrughan Chauhan case, where the SC said that mercy petitions have to be decided in a time-bound manner, and also the cases where the courts have requested the Governor to take decisions on matters pertaining to the Assembly. Shankar Narayanan referred to the Nilofer Nisha judgment of the Supreme Court, where he said the court exercised powers under Article 142 to order the release of prisoners in Tamil Nadu who were covered under the same remission notification which dealt with Perarivalan as well. The Governor is bound by the recommendation of the State Government, the senior counsel submitted.
Additional Advocate General of Tamil Nadu, Balaji Srinivasan, informed the bench that the Governor has taken a stand that he cannot take a decision without receiving the report of the multidisciplinary monitoring committee of the CBI, which is looking into the angle of 'larger conspiracy' behind the case. The Additional Solicitor General of India, K.N. Nataraj, told the bench that the investigation on the angle of 'larger conspiracy' was spread over foreign countries such as the United Kingdom, Sri Lanka and that the CBI is waiting for replies to the rogatory letters sent to foreign jurisdictions.
At this juncture, Justice Nageswara Rao told that the probe into "larger conspiracy" is related to some other persons who may be involved behind the Rajiv Gandhi assassination case and that it is not related to persons who have already been convicted and been spending time in jail for past 28 years.
"Larger conspiracy is pending for 20 years. Still, you are at the stage of getting replies of rogatory letters from UK/Bangkok", Justice Rao remarked. The bench then proceeded to list the matter for hearing on November 23.
Perarivalan was awarded death penalty for conspiracy behind the assassination of former Prime Minister Rajiv Gandhi after being charged with providing a 9-volt battery for the explosive device to assassination conspirator Sivarasan.His death penalty was commuted to life term imprisonment after a Supreme Court verdict on 18 February 2014.In September 2018, Government of Tamil Nadu announced its decision to release him along with six other convicts.