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SC orders release of convict in Rajiv assassinat­ion case

Takes into view Perarivala­n’s good conduct during 30 years in jail

- NEW DELHI

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.”

 ?? Source: Twitter ?? A.G. Perarivala­n (left) after his release.
Source: Twitter A.G. Perarivala­n (left) after his release.

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