The Supreme Court Tuesday expressed displeasure over the pendency of a plea by a convict seeking a pardon in the Rajiv Gandhi assassination case for over two years with the Tamil Nadu Governor. The Apex court asked the counsel for petitioner AG 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.
A bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi said, “We do not want to exercise our jurisdiction at this stage but we are unhappy that recommendation made by the government is pending for two years. The court also asked the counsel, appearing for one of the convicts, AG Perarivalan, to tell what the laws were that could allow it to exercise its jurisdiction.
During the hearing, the court asked Tamil Nadu's Additional Advocate General Balaji Srinivasan, "Why is the Governor taking so much time?" To this, Srinivasan said this was a case of a larger conspiracy and the Governor was waiting for a report from the CBI. The bench, however, reminded him that larger conspiracy only dealt with whether other persons were involved.
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