"LET me breathe; I'm free after 31 years," said A G Perarivalan, a life convict in the former Prime Minister Rajiv Gandhi assassination case, after the Supreme Court on Wednesday ordered his release by invoking its extraordinary power under Article 142 of the Constitution.
A bench of Justices L Nageswara Rao, BR Gavai, and A S Bopanna, who held that the advice of State Cabinet is binding on Governor in exercise of powers under Article 161 of the Constitution, said the Governor's referral to the President the recommendation of the Tamil Nadu Cabinet (to grant pardon to all seven convicts in the case) two-and-a-half years after such a recommendation was made doesn't have constitutional backing.
Non-exercise of power under Article 161 or inexplicable delay in exercise of such power, which is not attributable to the prisoner, is subject to judicial review of the court, said the judges rejecting the Centre's argument that in some cases President and not the Governor is the competent authority to grant pardon.
This story is from the May 19, 2022 edition of The New Indian Express Chennai.
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This story is from the May 19, 2022 edition of The New Indian Express Chennai.
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