New Delhi: Tamil Nadu Government is making efforts to obtain a release of the 7 life convicts in Rajiv Gandhi Assasination through the Governorm, legal experts says doing so will not be easy either.
The Governor would have to reaffirm his decision by the President says a Senior advocate while a former Chief Justice if a High Court said a Governor is entitled with separate powers to decide on a matter, the Hindu reported/
Senior advocate Sudhir Nandrajog told The Hindu: “Since this is a CBI prosecution and not a State prosecution, the State has no say. Therefore, even after the State government recommends and the Governor takes a decision to release the convicts, there still needs to be reaffirmation by the Centre.”
“Which basically means that it will go back to the President again for confirmation,” explains Mr. Nandrajog.
While Former Chief Justice of Delhi High Court, Justice R.S. Sodhi, says it is still to early to comment on the issue and will have to wait up to se what happens when the Tamil nadu Government will approach the Governpor through its cabinet recommendation.
Justice R.S Rodhi explains that a Governor has separate powers to decide on mercy pleas such as the one in question here.
“However, what he does in exercise of his power is open to him to decide. Let’s wait for him to decide on the issue,” Justice Sodhi said.
A.G. Perarivalan and other convicts Nalini, T. Suthendraraja alias Santhan, Sriharan alias Murugan (Nalini’s husband), Robert Payas, S. Jayakumar alias Jayakumaran, and Ravichandran alias Ravi all have been in the jail for over 27 years. The convicts have now pleaded to the State Government and the Governor for remission of their sentence.
Senior advocate Nidhesh Gupta speaking on the issue, said: “The Supreme Court, in its recent order of September 6, 2018, only stated that the authority concerned will be at liberty to apply its mind under Article 161 of the Constitution.”
“The said order is in consonance with the law laid down by a Constitution Bench of the Apex Court in V. Sriharan case, where it has been held that the convict has a right to have his case considered and decided and any decision taken under Article 161 will be amenable to judicial review,” Mr Gupta added.