SC asks Centre why Rajiv Gandhi case convict Perarivalan cannot be released

The bench comprising Justice LN Rao and Justice BR Gavai was hearing the petition filed by Perarvilan seeking suspension of his life sentence. The issue of contention in the matter is who has the power to pardon him, the governor or the President?

New Delhi: The Supreme Court on Wednesday questioned why AG Perarvilan convicted in the Rajiv Gandhi assassination case, should not be released instead of getting "caught in the battle of who should decide" his pardon between the governor and the president.

The bench comprising Justice LN Rao and Justice BR Gavai was hearing the petition filed by Perarvilan seeking suspension of his life sentence. The issue of contention in the matter is who has the power to pardon him, the governor or the President? The Governor of Tamil Nadu had kept the pardon application pending with him for five years before sending it to the President.

While the state cabinet had recommended the governor to grant release, he did not take any decision and sent it further to the President for consideration. The central government maintains that the power to decide is with the President. "Why don't we pass an order without deciding the issue regarding the governor and centre's powers?" suggested the court.

"We need not get bogged down by all these formalities. He is in jail for 32 years now. How do you distinguish him from other people who have been given relief from this court?" questioned Justice Rao. "Prepare and come. We will give you a few days. You come back and we will decide....because what we decide will have far-reaching impact," said the court to the central government over the powers of both nominal heads.

The apex court also expressed its disappointment over the pendency of the case since 2018 and its repeated adjournments. "Initially we thought that because the matter is pending for two or three years, we will decide but it's taken a different direction," Justice Rao stated. The matter is likely to be heard again on May 3.