Expressing unhappiness over the pendency of a plea by a convict seeking pardon in former Prime Minister Rajiv Gandhi assassination case for over two years with the Tamilnadu Governor, the Supreme Court on Tuesday asked the counsel for petitioner A G Perarivalan, who is serving life sentence, whether the court can exercise its jurisdiction under Article 142 of the Constitution to request the Governor to decide his plea of pardon filed under Article 161. Article 161 empowers a Governor to pardon a convict in any criminal case.
We don’t want to exercise our jurisdiction at this stage but we are not happy that recommendation made by the government is pending for two years, a bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi said. The apex court bench was hearing a plea of Perarivalan (46) who has sought suspension of his life sentence in the case till the CBI-led Multi-Disciplinary Monitoring Agency (MDMA) probe is completed.
During the hearing, the bench told senior advocate Gopal Shankarnarayanan, representing Perarivalan, that the Governor has to act on the aid and advice of the council of Ministers. But if the Governor does not pass order, what the court can do, you tell us . It asked Shankarnarayanan to apprise the court as to how it can request the Governor to take decision and what are the laws on the issue.
The Court then asked advocate Balaji Srinivasan, appearing for Tamilnadu, as to why the State government cannot request the Governor to pass order without any specific order from this court? A decision on whether to release the convicts or not should be taken soon.