38.6c New Delhi, India, Sunday, August 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Executive

Rajiv Gandhi Assassination Case : President Competent Authority to Decide Perarivalan's Pardon, Says Tamil Nadu Governor [READ AFFIDAVIT]

By Gautami Chakravarty      09 February, 2021 12:09 PM      0 Comments
Rajiv Gandhi Assassination Case : President Competent Authority to Decide Perarivalan's Pardon, Says Tamil Nadu Governor [READ AFFIDAVIT]

A writ petition was filed by Perarivalan, who was in 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.

An 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 affidavit filed by the Home Ministry on behalf of the Government has been filed in pursuance of the Supreme Court's order dated 22nd January 2021, whereby it had asked the Governor to decide the petitioner's application for remission.

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.

The Ministry of Home Affairs has 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 January 21, SG Mehta had submitted that he had received instructions to submit that the Governor of the State of Tamil Nadu will decide the issue as per the Constitution within the next 3-4 days.

Nageswara Rao was hearing the petition filed by Perarivalan seeking release from the prison based on the recommendation made by the State Government in September 2018. 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.

Nataraj, had submitted that it is the President under Article 72 and not the Governor under Article 161 who is competent to grant pardon/remission.

 

[READ AFFIDAVIT]



Share this article:



Leave a feedback about this
TRENDING NEWS

words-spreads-faster-than-winds-sc-relies-on-testimony-of-neighbour-acquits-woman-in-dowry-harassment-case
Trending Judiciary
'Words spreads faster than winds,' SC relies on testimony of neighbour; acquits woman in dowry harassment case [Read Judgment]

SC acquits woman in dowry case, citing neighbour’s testimony: “Word spreads faster than wind” — conviction under Section 498A set aside.

30 August, 2025 05:54 PM
sc-refuses-to-entertain-plea-against-use-of-temples-land-funds-for-building-college-in-chennai
Trending Judiciary
SC refuses to entertain plea against use of temples' land, funds for building college in Chennai

SC refuses plea against use of Chennai temples’ land, ₹25 cr funds for building college, says using temple assets for education not improper.

30 August, 2025 06:01 PM

TOP STORIES

sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM
18-former-judges-write-to-union-home-minister-amit-shah-criticizing-his-remarks-on-justice-b-sudershan-reddy
Trending Judiciary
18 Former Judges write to Union Home Minister Amit Shah, criticizing his remarks on Justice B Sudershan Reddy

18 ex-judges write to Union HM Amit Shah, criticizing his remarks on Justice B Sudershan Reddy, stressing judicial independence and dignity.

25 August, 2025 03:09 PM
sc-stays-investigation-into-firs-against-csds-co-director-sanjay-kumar
Trending Judiciary
SC stays investigation into FIRs against CSDS co director Sanjay Kumar

SC stays probe into FIRs against CSDS co-director Sanjay Kumar over Maharashtra polling data post; says multiple cases show harassment motive.

25 August, 2025 03:14 PM
influencers-indulging-in-commercial-speech-cant-claim-fundamental-right-sc
Trending CelebStreet
Influencers indulging in commercial speech can't claim fundamental right: SC

SC: Influencers making commercial speech can’t claim fundamental rights; must apologize and act responsibly towards community sensitivities.

25 August, 2025 04:18 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email