Release of Rajiv case convicts unlikely anytime soon
CHENNAI, OCTOBER 05, 2018 00:00 IST
Banwarilal Purohit
Governor may not act till SC decides plea against remission of their sentences
The release of seven persons convicted for the assassination of former Prime Minister Rajiv Gandhi is unlikely in the near future.
Sources in the Raj Bhavan made it clear that Governor Banwarilal Purohit would not act on the State Cabinet’s recommendation to release the convicts till the Supreme Court decided on the petition filed by two relatives of victims, S. Abbas and John Joseph, and four others, challenging the State government’s 2014 decision to remit the sentences of the seven convicts.
Recently, relatives of the victims of the bomb blast that killed Rajiv Gandhi and 15 others at Sriperumbudur in May 1991 met the Governor and urged him to wait for the Supreme Court decision on their petition.
Some of them later claimed that the Governor had agreed to their demand. Enquiries in Raj Bhavan circles said Mr. Purohit saw justification in the demand made by the relatives.
In the middle of last month, the court allowed the petitioners, including Americai V. Narayanan, Congress spokesperson (in his personal capacity), to amend their petition filed in March 2014 and include the Cabinet’s decision, taken on September 9, regarding the release of the convicts. It gave them four weeks to file a revised petition.
The Governor had also met Arputhammal, mother of A.G. Perarivalan, one of the convicts, who urged him to accept the Cabinet’s decision at the earliest.
No consulations yet
In view of the matter pending before the Supreme Court, Mr. Purohit is not having consultations with legal experts for the time being.
Separately, the Raj Bhavan has received an opinion that the Centre should be consulted, even though one view, as expressed by many parties in the State, on Article 161 (Power of Governor to grant pardons and to suspend, remit or commute sentences in certain cases), is that the Governor can go by the advice of his or her Council of Ministers.
Considering the complexity of the matter, the Governor is conscious of the need to examine a range of legal, administrative and constitutional issues before arriving at any decision, the sources explained.
Asked for comment on the approach of the Governor, K. Chandru, former judge of the Madras High Court, said there are two issues that need to be considered in this matter.
“Even if the Cabinet gives an advice, the Governor can ask for a legal opinion to act in accordance with the Constitution. He is not supposed to follow the advice blindly. At the same time, when the Supreme Court is seized of the matter, he cannot take a decision expeditiously on the ground that he would not like to wait for the Supreme Court’s judgement as he has got all powers.”
CHENNAI, OCTOBER 05, 2018 00:00 IST
Banwarilal Purohit
Governor may not act till SC decides plea against remission of their sentences
The release of seven persons convicted for the assassination of former Prime Minister Rajiv Gandhi is unlikely in the near future.
Sources in the Raj Bhavan made it clear that Governor Banwarilal Purohit would not act on the State Cabinet’s recommendation to release the convicts till the Supreme Court decided on the petition filed by two relatives of victims, S. Abbas and John Joseph, and four others, challenging the State government’s 2014 decision to remit the sentences of the seven convicts.
Recently, relatives of the victims of the bomb blast that killed Rajiv Gandhi and 15 others at Sriperumbudur in May 1991 met the Governor and urged him to wait for the Supreme Court decision on their petition.
Some of them later claimed that the Governor had agreed to their demand. Enquiries in Raj Bhavan circles said Mr. Purohit saw justification in the demand made by the relatives.
In the middle of last month, the court allowed the petitioners, including Americai V. Narayanan, Congress spokesperson (in his personal capacity), to amend their petition filed in March 2014 and include the Cabinet’s decision, taken on September 9, regarding the release of the convicts. It gave them four weeks to file a revised petition.
The Governor had also met Arputhammal, mother of A.G. Perarivalan, one of the convicts, who urged him to accept the Cabinet’s decision at the earliest.
No consulations yet
In view of the matter pending before the Supreme Court, Mr. Purohit is not having consultations with legal experts for the time being.
Separately, the Raj Bhavan has received an opinion that the Centre should be consulted, even though one view, as expressed by many parties in the State, on Article 161 (Power of Governor to grant pardons and to suspend, remit or commute sentences in certain cases), is that the Governor can go by the advice of his or her Council of Ministers.
Considering the complexity of the matter, the Governor is conscious of the need to examine a range of legal, administrative and constitutional issues before arriving at any decision, the sources explained.
Asked for comment on the approach of the Governor, K. Chandru, former judge of the Madras High Court, said there are two issues that need to be considered in this matter.
“Even if the Cabinet gives an advice, the Governor can ask for a legal opinion to act in accordance with the Constitution. He is not supposed to follow the advice blindly. At the same time, when the Supreme Court is seized of the matter, he cannot take a decision expeditiously on the ground that he would not like to wait for the Supreme Court’s judgement as he has got all powers.”
No comments:
Post a Comment