Similar to Perarivalan, who was ordered by the court to be released on May 18 after serving a sentence of nearly 31 years, a bench of Judges BR Gavai and BV Nagarathna said that other convicts – Robert Payas, Jayakumar, T Suthendraraja, Ravichandran, Nalini and Murugan – are equal as all have served more than 30 years in prison and their conduct in prison is satisfactory and all pursue different studies and complete courses from prison.
Bench notes that the factors that led the court to approve the release of Perarivalan may also apply directly to other convicts. “We therefore direct that the appellants be free from the outset,” said the bench. All convicts were sentenced to life in prison.
Besides the convicts, the TN government has also pushed hard for their release.
Supporting the convicts’ plea, the Tamil Nadu government led by the DMK argued that the state cabinet had offered to expunge the sentences for the seven convicts to the governor under Article 161 (the right of the governor). pardon, remission), this is binding him. It also referred to the May 18 ruling, which held that the governor’s decision to forward their call for a waiver to the President despite the recommendation of the TN cabinet was to not have any support from the governor. constitution and “is inconsistent with the plan of our Constitution”.
In an affidavit in response to a petition filed by Nalini along with others, the state said: “The petitioner has been detained for the past 30 years and 4 months and her case has also been referred to the Governor of Tamil. Nadu for early release under Article 161 of the Constitution along with six other life sentences related to the assassination of Rajiv Gandhi, also including the case of defendant AG Perarivalan who was released by this court. ”
The state government’s recommendation to reduce the petitioner’s life sentence was sent to the governor for approval on September 11, 2018 and the same has been awaited by his office for more than two years. half. It was finally passed to the President by the governor on January 27, 2021, and it has remained undecided for over a year and nine months.
The Supreme Court on May 18 directed Perarivalan’s release taking into account his good conduct in prison, illness and the delay of the Tamil Nadu governor in deciding his plea for pardon.
“Given that his petition under Article 161 remains pending for two and a half years following the recommendation of the state cabinet to have his sentence expunged and continues to be pending for more than a year since the governor cited, we do not consider appropriate. to resolve the matter for the governor’s consideration. In the absence of any other status and in the exceptional circumstances and circumstances of this case, in exercising our powers under Article 142 of the Constitution, we direct that the appellant be considered is to have served a sentence in relation to Crime No. 329 of 1991. The appellant, who is out on bail, will be released immediately,” the bench said while deciding on Perarivalan’s plea. .
“The law laid down by this court is clear and unambiguous. The advice of the state cabinet is binding on the governor in matters relating to parole/commutation under Article 161. There is no provision. in accordance with the Constitution indicated to us as well as any provision. A satisfactory response is concerned with the resources of the governor’s power to forward a recommendation made by the state cabinet to the President. immediately, the governor should not send a recommendation made by the state cabinet to the President contrary to the constitutional plan elaborated above,” the bench said.
