38.6c New Delhi, India, Monday, August 04, 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


TOP STORIES

why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM
sc-takes-suo-motu-cognisance-of-dog-bite-incidents
Trending Judiciary
SC takes suo motu cognisance of dog bite incidents

Supreme Court takes suo motu cognisance of rising dog bite cases after 6-year-old girl dies of rabies; terms media report alarming and disturbing.

29 July, 2025 01:38 PM
sc-quashes-fir-against-ace-shuttler-lakshya-sen-others-for-forging-birth-certificate
Trending Judiciary
SC quashes FIR against ace Shuttler Lakshya Sen, others for forging birth certificate [Read Judgment]

SC quashes FIR against shuttler Lakshya Sen, says forgery case based on vendetta, lacked merit and abused criminal process.

29 July, 2025 04:20 PM
supreme-court-to-hear-presidential-reference-on-bill-clearance-timelines-from-august-19
Trending Judiciary
Supreme Court to Hear Presidential Reference on Bill Clearance Timelines from August 19

SC to hear Presidential Reference on timelines for Governors & President to clear Bills, from Aug 19 to Sept 10; Kerala & TN oppose maintainability.

29 July, 2025 04:43 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email