supreme court orders release of perarivalan

The Supreme Court has ordered the release of Perarivalan, the convict in the late Prime Minister Rajiv Gandhi's murder. The Apex court has adjourned judgment indefinitely in the petition of Perarivalan seeking his release. The sitting bench Justices L. Nageswarar Rao, A.S Bopanna, and B.R Gawai, observed that it was the Governor's fault for not making a decision on the release of Perarivalan. It also observed that if the Governor delays a decision the court can examine the case. Invoking Section 142 the court is ordering the release of Perarivalan, the bench said.

Perarivalan who has spent 30 years in prison after being convicted in the Rajiv Gandhi murder case petitioned the Supreme Court to stay the judgment and to release him, The petition was examined by the sitting bench. In the course of the sitting bench proceedings, the bench observed that it was disheartening that the governor delayed the decision on the resolution of the  Tamilnadu cabinet in 2019 for the release of the 7 accused including Perarivalan. The bench also commented that the Governor was bound to act on the cabinet decision and he cannot act on his own views.

The bench further observed that if the Central Government, in this case, does not present any counterpoints and argue against the petition then the court will make a decision and release Perarivalan. The judges have asked the Central Government and the petitioner to submit their final points of argument in writing.

In its response the Central Government had stated since the investigation agency in the case is a Government organization the Central Government has the full authority to decide. As the Governor has sent his recommendation, only the President of India can decide on the matter.

According to the written submission of Perarivalan, sending the Tamilnadu cabinet resolution to the President is contradictory to the constitution of India. Hence the Supreme Court should use its prerogative power 142 and order the release. 
Today the justices L.Nageswara Rao and B.R Gawai ordered the release of Perarivalan invoking the prerogative power 142.