Rajiv Gandhi Assassination Case : 'I'm In Jail For 30 Years, Governor's Decision Must Be Placed On Record', Perarivalan Tells Supreme Court

The counsel for AG Perarivalan, who is serving life sentence in the Rajiv Gandhi assassination case, told the Supreme Court on Tuesday that the decision taken by the Tamil Nadu Governor on the recommendation made by the State Government to release him from prison must be placed on record.The Supreme Court today adjourned the plea filed by AG Perarivalan seeking release from the prison based on the recommendation made by the State Government in September 2018 for January."I am in jail for 30 years. Governor's decisions need to be taken on record", Senior Advocate Gopal Shankaranarayanan submitted on behalf of Perarivalan before a bench comprising Justices LN Rao, BR Gavai and BV Nagarathna.The bench was hearing a writ petition filed by Perarivalan, who was on death row for over two decades, aggrieved with the inaction of the Governor to decide on the recommendation made by the Tamil Nadu government in September 2018 to grant him pardon.When the matter was called for hearing, the Solicitor General of India Tushar Mehta requested the bench to take up the matter next week."I am in an overnight part heard matter before Court 3. I am on my legs, can the matter be considered on Monday or Tuesday," SG submitted. "On the last date you said that you'll take a decision and send it", the bench told the SG. "On the ground of immunity, we cannot ask the Governor to not pass any order," the bench further added.SG at this juncture submitted that he needed to take instructions on the same and the bench thereafter adjourned the matter for January."You take instructions but we cannot grant more adjournment," the bench further remarked.The Centre on February 4, 2021 had informed the Supreme Court that the Tamil Nadu Governor has proposed that the President of India was the competent authority to deal with the request of remission of sentence in case of AG Perarivalan. The Ministry of Home Affairs had submitted an affidavit stating that the Tamil Nadu Governor, after considering facts and circumstances of the case, recorded that the President would be the competent authority and the Central Government will process the proposal in accordance with the law. On 22nd January 2021, the Top Court had asked the Governor to decide the petitioner's application for remission. The order was passed after SG Tushar Mehta had informed the Supreme Court that the Tamil Nadu Governor will decide, "as per the Constitution", on the remission of the sentence in exercise of his discretionary power under Article 161 within the next 3-4 days. The bench had earlier expressed unhappiness over the fact that the recommendation made by the Tamil Nadu state government for the remission of the sentence had been pending before the Governor for over two years. In 2014, the Supreme Court had commuted Perarivalan's death sentence to life imprisonment citing the long pendency of his mercy petition.In 2014, the Supreme Court had commuted the death penalty to Perarivalan and two others to life imprisonment on account of long pendency of his mercy plea. Case Title: AG Perarivalan v State of Tamil Nadu | SLP(Criminal) No 10039/2016Click Here To Read/Download Order

Rajiv Gandhi Assassination Case : 'I'm In Jail For 30 Years, Governor's Decision Must Be Placed On Record', Perarivalan Tells Supreme Court

Shruti Kakkar

Tags