New Delhi: The Supreme Court has questioned the Central government as to why AG Perarivalan, who has served a 36-year sentence in the Rajiv Gandhi assassination case, cannot be released. On this issue, the Tamil Nadu government has said that the Centre is only trying to destabilize the situation established in the law. The Supreme Court said that when those serving short term sentences are being released, why can't the Centre agree to release AG Perarivalan.
The supreme court said that prima facie it feels that the governor's decision is wrong and against the Constitution. He is bound by the advice of the state cabinet. It strikes at the federal structure of the Constitution. A bench of justices L N Rao and B R Gavai asked Additional Solicitor General KM Nataraj, appearing for the Centre, to seek appropriate directions within a week or else it would accept Perarivalan's plea and release him after the earlier verdict of this court. Nataraj further said that in some situations the President is the competent authority and not the Governor, especially when the death sentence has to be commuted to life imprisonment.
The court told the law officer that the convict has served 36 years in jail and when those who have served short term are being released, why is the Centre not agreeing to release him. The court said, "We are giving you a way to escape. It is a strange argument. The Governor does not have the power to decide on the mercy petition under Article 161 of the Constitution. This really strikes the federal structure of the Constitution. Under what source or provision can the governor send the decision of the state cabinet to the president?''
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