Gopal Shakarnarayanan, Sr. Adv, appears for Perarivalan. ASG Natraj appears for the government.
Court: What is the problem now?
Shankarnarayanan: 3 or 4 problems, one is the stand the centre has taken. Second is that with respect to all 302 cases the power is with the governor
Shankarayanan: As far as the governor himself is concerned, after we made the application he said he will taken a stand after a 2018 petition by the victims is disposed off. The court disposed it off. There is no decision of the governor even after the recommendation by cabinet
Court to Rakesh Dwivedi, Sr. Adv for Tamil Nadu: Why dont we release him? Why should he be stuck when there is confusion about who is to decide?
Dwivedi: The controversy here is as to which government is the appropriate government to decide this. CrPC says it is that government whose executive power extends in the subject matter.
Court: Why dont we pass an order releasing him without getting into a controversy as to who should decide.
ASG Natraj: Since the governor has referred it to President. The call will be taken shortly.
Court: Under what provision has the governor referred it to president?
Natraj: Article 72.
Court: Point it out from the order as to where.
Natraj: the source of his power is Article 72.
Court: He has undergone imprisonment of 36 years now. You will have to distinguish how is he different from the others who have had the benefit of the orders of this court.
Court: Does the governor have the power to refer a representation sent by the executive to the president?
Natraj: If a representation has been sent to the governor for which he does not possess the power, he has to send it to the power.
Court: Proper course would have been to point it to the State government. What is the source of the power?
Natraj: Had he taken the call, he would have exceeded his powers.
Gopal Shankaranaryanan: If this argument is accepted, every criminal case will have to prosecuted to by the central government
Court: How many times the matter was adjourned to enable the governor to pass this order. If the argument is to be accepted, if a governor is not happy with the decision of the cabinet. He will refer it to the president. This will destroy the federalism of the constitution
Shankarnarayanan: Like with the speaker, even with the governors orders must be made time bound.
Matter adjourned to next Wednesday. It will be listed as item 1.
