Express News Service
NEW DELHI: The Supreme Court on Wednesday ordered release of AG Perarivalan, a life term convict in the Former Prime Minister Rajiv Gandhi assassination case.
The top court invoked power under Art 142 as his mercy plea kept shuttling between Governor & President.
“…In exercise of Article 142, it is appropriate to release the convict.” The top court has observed.
Article 142 “provides a unique power to the Supreme Court, to do “complete justice” between the parties, where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.
In the last few hearings, Supreme Court had questioned why can’t AG Perarivalan be released after having served a sentence of more than 30 years.
“Why don’t you just agree to have him released? People who have served over 20 years are released… Why don’t you release him…? Why should he be caught in the middle of who has the authority, President or Governor, to decide?” Justice L Nageswara Rao had said.
The top court had said why should he be caught in the crossfire over a legal issue on whose authority is to grant remission.
#BREAKING | #SupremeCourt directs release of #AGPerarivalan invoking powers under Article 142 of the Constitution. #RajivGandhiCase pic.twitter.com/e1NIijy4JU
— (@NewIndianXpress) May 18, 2022
The top court had orally remarked that prima facie the Governor forwarding the decision on remission of Perarivalan’s sentence made by the Tamil Nadu cabinet to the President would affect the federal structure of the constitution.
The top court on March 9 had granted him bail taking into account the fact that he has already spent more than 30 years in prison.
