AG Perarivalan, a convict in well known case of Rajiv Gandhi Assasination has been released after 32 years of imprisonment by the Supreme court division bench comprising of Justice Nageshwar Rao and BR Gavai while invoking Article 142 of the constitution.
While releasing the convict, the court took into consideration the circumstances that caused inordinate delay in deciding Perarivalan’s early release plea by the Governor under Article 161 which warranted his release.
Series of Circumstances Which Led to his Release: It is to be noted that earlier in 2014, the Apex Court had commuted the death sentence imposed on Perarivalan to life imprisonment on account of the undue and unexplained delay in deciding his mercy plea by the governor of TN state.
Further, in 2020 the convict filed an appeal for dismay regarding the delay and pendency of mercy before governor; thus, while hearing the appeal, apex court asked both governor and Centre for affidavit reply in 2021.
However, when everything looked in abeyence the court on 2022 ordered to release the convict who was imprisoned at the age of 19.
Although, before the judgment was passed by the apex court an affidavit was filed by Centre in 2022 where they contented that the remmission of sentence power is with President in cases involving sec 302 of IPC thus, it cannot be exercised by governor.
However, the court provided centre with Power Granted to governor and President under Constitution and stated that both are at equal par.