Cabinet advice binding on guv, say legal experts
Rajiv Case Convicts Await Guv’s Signature
TIMES NEWS NETWORK 10.09.2018
Legal experts and lawyers representing two of the seven convicts in the Rajiv Gandhi assassination case on Sunday said the Tamil Nadu governor Banwarilal Purohit is bound by the decision taken by the council of ministers and has to act on it. He can delay the decision, but cannot deny it, said a section.
Leading constitutional lawyer Mohan Parasaran felt the directive of the Supreme Court is clear and the governor has to now act by going by the state cabinet resolution to release the convicts. “The Supreme Court has clearly said the state government has all the powers and the state cabinet has resolved for the early release of the convicts. The governor is bound by that and they will be released. Governor is the constitutional functionary and he has to only act on the advice of the state cabinet resolution,” Parasaran told TOI.
Counsel for Nalini Sriharan, M Radhakrishnan concurred that the Supreme Court’s direction last Thursday clearly stated that the “authority concerned” would be at liberty to decide Perarivalan’s application as deemed fit and the “authority concerned” is the Tamil Nadu government. “The Supreme Court cannot give a direction to either the President or the governor. So, the direction is only to the state government,” he said. “The governor can delay the release, but cannot deny it,” he added.
Political analyst Tharaasu Shyam, however, presented a different view. “The executive powers of any state government is only within the boundaries of the state. Naturally, that applies in the case of a state governor too. We should take into account that earlier, a five-member Supreme Court bench has already ruled that this (Rajiv Gandhi assassination case) is a CBI case and hence concurrence of the Union government is must to remit the sentence of the convicts,” he said.
Hence, the appropriate government here is the Union government and not the state government, he said, adding, “The present state government has done this only to divert the attention away from the issues surrounding it”.
Meanwhile, A G Perarivalan’s counsel S Prabhu termed the 2014 cabinet decision as a mere political statement, because of which it was challenged in the Supreme Court. He urged the government to submit a comprehensive report along with the resolution. “The report should shed light on the reformation, health and family aspects of the convicts,” Prabhu said.
Rajiv Case Convicts Await Guv’s Signature
TIMES NEWS NETWORK 10.09.2018
Legal experts and lawyers representing two of the seven convicts in the Rajiv Gandhi assassination case on Sunday said the Tamil Nadu governor Banwarilal Purohit is bound by the decision taken by the council of ministers and has to act on it. He can delay the decision, but cannot deny it, said a section.
Leading constitutional lawyer Mohan Parasaran felt the directive of the Supreme Court is clear and the governor has to now act by going by the state cabinet resolution to release the convicts. “The Supreme Court has clearly said the state government has all the powers and the state cabinet has resolved for the early release of the convicts. The governor is bound by that and they will be released. Governor is the constitutional functionary and he has to only act on the advice of the state cabinet resolution,” Parasaran told TOI.
Counsel for Nalini Sriharan, M Radhakrishnan concurred that the Supreme Court’s direction last Thursday clearly stated that the “authority concerned” would be at liberty to decide Perarivalan’s application as deemed fit and the “authority concerned” is the Tamil Nadu government. “The Supreme Court cannot give a direction to either the President or the governor. So, the direction is only to the state government,” he said. “The governor can delay the release, but cannot deny it,” he added.
Political analyst Tharaasu Shyam, however, presented a different view. “The executive powers of any state government is only within the boundaries of the state. Naturally, that applies in the case of a state governor too. We should take into account that earlier, a five-member Supreme Court bench has already ruled that this (Rajiv Gandhi assassination case) is a CBI case and hence concurrence of the Union government is must to remit the sentence of the convicts,” he said.
Hence, the appropriate government here is the Union government and not the state government, he said, adding, “The present state government has done this only to divert the attention away from the issues surrounding it”.
Meanwhile, A G Perarivalan’s counsel S Prabhu termed the 2014 cabinet decision as a mere political statement, because of which it was challenged in the Supreme Court. He urged the government to submit a comprehensive report along with the resolution. “The report should shed light on the reformation, health and family aspects of the convicts,” Prabhu said.
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