Rajiv Gandhi Case: TN govt supports in SC plea by convicts for premature release [Read Counter Reply]

NEW DELHI: The Tamil Nadu has come out in support before the Supreme Court to a plea made by two life term convicts in the 1991 Rajiv Gandhi assassination case to release them prematurely as both had served over 30 years in jail.

The DMK government also said the State had recommended to the Governor for remitting life term sentence of all seven convicts over four years ago.

"The recommendation of the state government remitting the life sentence was sent to the Governor of Tamil Nadu for approval on 11.09.2018 and the same had been kept pending with his office for more than 2-1/2 years and the recommendation was finally forwarded by the Governor of Tamil Nadu to the President on 27.01.2021 and it still remains undecided by the President of India for the past one year and 9 months," it said.

In its written response to two separate petitions filed by convicts S Nalini and R P Ravichandran, the state government said the law is well-settled that the Governor is bound by the aid and advice of the Council of Ministers of a State under Article 161 of the Constitution.

"It is also well settled that though the aid and advice of the State Cabinet under Article 161 of the Constitution made on 09.09.2018 is undoubtedly binding on the His Excellency Governor of Tamil Nadu as per the law laid down in Maru Ram v. Union of India, (1981), the release of the writ petitioners could happen only after the government issue an order to this effect upon approval of the Governor thereon," it said.

"The law relating to the power of Governor under Article 161 of the Constitution and the power of the state government in dealing with the offences fall within the exclusive domain of the State Government is also well settled in view of the clarifications rendered by this Court in the matter of Union of India Vs Sriharan @ Murugan & others reported in 2016," it further said.

The response also cited case of co-convict A G Perarivalan, who was on May 18 ordered to be released by the apex court following inordinate delay by the Governor on remission of his sentence, and over 31 years of his incarceration.

The court had then invoked its extra ordinary power to do complete justice under Article 142 of the Constitution to set free the convict.

Following the development, both Nalini and Ravichandran had approached the Madras High Court seeking similar relief as granted to Perarivalan.

However, the High Court on June 17 rejected their plea, saying that it cannot exercise powers under Article 142 of the Constitution to pass a similar order.

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