Won’t anticipate President to take name on Perarivalan mercy plea: SC

By Express News Service

NEW DELHI: The Supreme Court on Wednesday mentioned it doesn’t agree with Centre’s suggestion to attend for the choice of the President in deciding the mercy plea of A G Perarivalan, one of many convicts within the Rajiv Gandhi assassination case. The courtroom mentioned it will hear the matter on Tuesday.

A bench of Justices L Nageswara Rao and B R Gavai, which mentioned the Governor was certain by the help and recommendation of the Tamil Nadu Council of Ministers underneath Article 161 of the Constitution, requested the Centre to place the doc on file on the referral order by the Governor. “AG Perarivalan isn’t interested in the question of law; he is concerned with his liberty,” the highest courtroom mentioned, including it can not shut its eyes to one thing that’s towards the Constitution.

“There’s a hanging sword on his head. He has had good conduct too… We had asked you about the reference being correct. There is no question of discriminating one person against the other. Why don’t we release him? We don’t find it reasonable. It is not about what the President has to do on the reference. It is about the issue of the Governor’s power to refer the Cabinet’s decision to him,” the judges mentioned.

“It is a matter to be decided by the court, the decision of the Governor was not even needed; he is bound by the decision of the council of ministers. We will have to look into this,” the bench informed Additional Solicitor General Ok M Nataraj, counsel for the Centre, who argued there isn’t any query of Perarivalan’s liberty being curtailed as he’s out on bail.

“Reference has been made by the Governor to the President. The President has the option to send it back to the Governor or take a decision. The file has been sent to him recently,” he mentioned. Senior advocate Rakesh Dwivedi, showing for TN, mentioned the query shouldn’t be for the President to resolve. “…The President has an independent power under Article 72 of the Constitution, how can he come in Article 162 (Governor’s power)?” Dwivedi requested.

Prez’s choice received’t have bearing on us: SC Bench

The courtroom mentioned that (TN and Perarivalan) are elevating vital constitutional problems with destroying federalism by bringing the Central authorities into it. “… We will place the matter for hearing. The decision of the President will not have any bearing on us for sure…You produce the file. We are going to decide…,” the bench mentioned.