SC orders release of convict in Rajiv assassination case
Takes into view Perarivalan’s good conduct during 30 years in jail
India’s Supreme Court yesterday ordered the release of A.G. Perarivalan, a life term convict in the Rajiv Gandhi assassination case.
A bench headed by Justice L. Nageswara Rao invoked the power under Article 142 to release Perarivalan.
Article 142 of the Constitution allows the Supreme Court to pass any order necessary to do complete justice in any case or matter pending before it.
The bench noted that his mercy plea kept shuttling between the Governor and the President. On May 11, the Supreme Court reserved its verdict on the plea of Perarivalan, who was sentenced to life imprisonment, seeking premature release from jail after spending nearly 30 years in prison.
It had said that the Tamil Nadu Governor was bound by the aid and advice given by the Tamil Nadu Council of Ministers under Article 161 of the Constitution, on the release of AG Perarivalan.
The apex court in its judgement held that the decision of the Governor to refer Perarivalan’s mercy plea to the President of India has no constitutional backing.
Inordinate delay
The top court, while releasing Perarivalan, took into consideration his good conduct in jail, medical condition, educational qualifications (he acquired while in custody) and the pendency of his mercy plea with the Tamil Nadu Governor.
It also said that the inordinate delay in deciding Perarivalan’s early release plea by the
Governor under Article 161 also warranted his release.
During the hearing, the bench disagreed with the federal government’s suggestion that it (court) should wait till the President’s decision on Perarivalan’s mercy plea.
The bench had said: “We will pass the order to release him from jail as you are not ready to argue the case on merits. We cannot shut our eyes to something that is happening against the Constitution and will have to go by the Bible which is the Constitution. There is nobody above law.”