<p>On Wednesday, the Supreme Court said the apex court will be deciding whether a state Governor had any power under the Constitution to refer to matters about releasing convicts. The apex court was stating its decision about the remission of the convicts in the 1991 Rajiv Gandhi assassination case, which the Tamil Nadu Governor had referred to the President.</p>.<p>A bench, formed of Justices L Nageswara Rao and B R Gavai, said the court would place the matter for hearing and the President’s decision would not have any bearing on it.</p>.<p>Advocating for the Centre, Additional Solicitor General KM Nataraj, noted that the issue will no longer be of significance, as the President might finalise his decision, or refer it back to the Governor.</p>.<p>The court, however, said the question was whether the Tamil Nadu Governor had the constitutional authority to refer to the President any such recommendations made by the state cabinet. The court also pointed out that under Article 161 of the Constitution, the Governor was bound by the aid and advice given by the Tamil Nadu Council of Ministers.</p>.<p>“We thought it was our duty to interpret the law and not the Presidents...We cannot shut our eyes to something that is happening against the Constitution. We have to follow our Bible, the Constitution,” the bench remarked.</p>.<p>In September 2018, the Council of Ministers of Tamil Nadu had recommended the release of the convicts. On January 27, 2021, the Governor referred the matter to the President.</p>.<p>The bench said the Governor had no authority to transfer the mercy plea to the President. Nataraj, for his part, said that the matter was sent in January last year by the Governor.</p>.<p>“This is a matter concerning personal liberty,” the Bench stated and added that enough time has been given to the Centre. Nataraj argued that A G Perarivalan, one of those convicted in the Rajiv Gandhi assassination case, is already out on bail, to which the bench replied that it doesn’t mean he is completely free.</p>.<p>Appearing for Tamil Nadu, lawyers Rakesh Dwivedi and Joseph Aristotle, said that the Governor’s decision to refer the state cabinet’s recommendation to the President would destroy the principle of federalism.</p>.<p>Hearing a plea by Perarivalan, the top court, on April 27, had asked the Centre to explain why it should not order his release as he had served more than 30 years in jail. </p>
<p>On Wednesday, the Supreme Court said the apex court will be deciding whether a state Governor had any power under the Constitution to refer to matters about releasing convicts. The apex court was stating its decision about the remission of the convicts in the 1991 Rajiv Gandhi assassination case, which the Tamil Nadu Governor had referred to the President.</p>.<p>A bench, formed of Justices L Nageswara Rao and B R Gavai, said the court would place the matter for hearing and the President’s decision would not have any bearing on it.</p>.<p>Advocating for the Centre, Additional Solicitor General KM Nataraj, noted that the issue will no longer be of significance, as the President might finalise his decision, or refer it back to the Governor.</p>.<p>The court, however, said the question was whether the Tamil Nadu Governor had the constitutional authority to refer to the President any such recommendations made by the state cabinet. The court also pointed out that under Article 161 of the Constitution, the Governor was bound by the aid and advice given by the Tamil Nadu Council of Ministers.</p>.<p>“We thought it was our duty to interpret the law and not the Presidents...We cannot shut our eyes to something that is happening against the Constitution. We have to follow our Bible, the Constitution,” the bench remarked.</p>.<p>In September 2018, the Council of Ministers of Tamil Nadu had recommended the release of the convicts. On January 27, 2021, the Governor referred the matter to the President.</p>.<p>The bench said the Governor had no authority to transfer the mercy plea to the President. Nataraj, for his part, said that the matter was sent in January last year by the Governor.</p>.<p>“This is a matter concerning personal liberty,” the Bench stated and added that enough time has been given to the Centre. Nataraj argued that A G Perarivalan, one of those convicted in the Rajiv Gandhi assassination case, is already out on bail, to which the bench replied that it doesn’t mean he is completely free.</p>.<p>Appearing for Tamil Nadu, lawyers Rakesh Dwivedi and Joseph Aristotle, said that the Governor’s decision to refer the state cabinet’s recommendation to the President would destroy the principle of federalism.</p>.<p>Hearing a plea by Perarivalan, the top court, on April 27, had asked the Centre to explain why it should not order his release as he had served more than 30 years in jail. </p>
