Lawstreet Journal

Rajiv Gandhi assassination case: SC asks both Centre and Tamil Nadu why Perarivalan can't be released?

Lawstreet Journal 27 Apr 2022 9:21pm

Image courtesy: Lawstreet Journal Judiciary Rajiv Gandhi assassination case: SC asks both Centre and Tamil Nadu why Perarivalan can't be released?

Gopal Shakarnarayanan, Sr. Adv, appears for Perarivalan. ASG Natraj appears for the government.

Court: What is the problem now?

Shankarnarayanan: 3 or 4 problems, one is the stand the centre has taken. Second is that with respect to all 302 cases the power is with the governor

Shankarayanan: As far as the governor himself is concerned, after we made the application he said he will taken a stand after a 2018 petition by the victims is disposed off. The court disposed it off. There is no decision of the governor even after the recommendation by cabinet

Court to Rakesh Dwivedi, Sr. Adv for Tamil Nadu: Why don’t we release him? Why should he be stuck when there is confusion about who is to decide?

Dwivedi: The controversy here is as to which government is the appropriate government to decide this. CrPC says it is that government whose executive power extends in the subject matter.

Court: Why don’t we pass an order releasing him without getting into a controversy as to who should decide.

ASG Natraj: Since the governor has referred it to President. The call will be taken shortly.

Court: Under what provision has the governor referred it to president?

Natraj: Article 72.

Court: Point it out from the order as to where.

Natraj: the source of his power is Article 72.

Court: He has undergone imprisonment of 36 years now. You will have to distinguish how is he different from the others who have had the benefit of the orders of this court.

Court: Does the governor have the power to refer… Continue Reading...

Tagged: Rajiv Gandhi Assassination Case  
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