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- Supreme Court Strict, Told The Center You Are Not Ready To Argue, We Will Give Perarivalan’s Release
New Delhi6 hours ago
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The Supreme Court on Wednesday said the Tamil Nadu governor is bound to abide by the state cabinet’s decision to release AG Perarivalan, who has been jailed for 36 years as part of life imprisonment in the assassination case of former prime minister Rajiv Gandhi. The Supreme Court, while rejecting the Governor’s move to send the mercy petition to the President, said that if something is happening against the Constitution, then it cannot be blinded. The Supreme Court said, we will pass an order to release him from jail because you are not ready to argue the matter on merits.
The court did not agree with the view of the Center that the court should wait for the President’s decision on the subject.
Court cited article 161
The court refused to agree with the Centre’s suggestion that the court should wait till the President’s decision on the issue. A bench of Justices L Nageswara Rao and B R Gavai told the Center that the Governor is bound by the aid and advice given by the Tamil Nadu cabinet under Article 161 of the Constitution. The court has directed the Center to file its response by next week.
It is a matter to be decided by the court
The bench told Additional Solicitor General KM Natraj that it was a matter to be decided by the court. The governor’s decision was not even needed, he is bound by the cabinet decision. We have to look into this. Natraj, appearing for the Centre, said that the Governor has sent the file to the President.
no one above the law
The Supreme Court said, we will pass an order to release him from jail because you are not ready to argue the matter on merits. We cannot close our eyes what is happening against the constitution and we have to follow the constitution. no one is above the law.
The work of the constitution should not stop
The court said that some powers are conferred on the dignitaries, but the work of the constitution should not stop. The Supreme Court said that we thought it was our duty to interpret the law and not the President. The question is whether the move of the Governor to send the will of the State Cabinet to the President instead of performing his duty under Article 161 was correct? It is to be decided by the court.
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