Legal Notes by Arvind Datar: The Governor's Inaction and Judicial Review
The recent ruling in the Perarivalan case, raises important questions about the exercise of powers by constitutional functionaries.
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The recent ruling in the Perarivalan case, raises important questions about the exercise of powers by constitutional functionaries.
I am free now, Let me breathe, said Perarivalan after he was set free by the Supreme Court today. He served 31 years in prison after he was convicted in the Rajiv Gandhi assassination case.
The Supreme Court ordered the release of AG Perarivalan, the convict in the assassination of former Prime Minister Rajiv Gandhi, after noting the considerable delay by the Governor in deciding his plea under Article 161.
The Centre's claim that the president, and not the governor, has "exclusive power" to decide Perarivalan's plea drew criticism from the Supreme Court.
Supreme Court asked why Rajiv Gandhi assassination case convict Perarivalan cannot be released even after serving 36 years in jail.