The SC verdict is a reminder that the Governor must act on the Cabinet recommendation, he said.
The decision of the Supreme Court to release six convicts, including Nalini Sriharan, in the Rajiv Gandhi assassination case is a thing of joy, her counsel, P Pugalenthi said on Friday.
"Magizhchi", the advocate said when his reaction was sought on the release ordered by the Supreme Court. The Tamil word denotes a state of joy or jubilation and happiness.
"The SC verdict is a reminder that the Governor must act on the Cabinet recommendation and release the prisoners," he told PTI and cited the Maru Ram versus Union of India judgment of the Supreme Court to support his point.
The 1981 ruling of the Supreme Court made it clear that the power to grant remission and release prisoners under Article 161 of the Constitution is vested with the state government. The Governor is hence duty-bound to endorse the Cabinet decision. "So, Article 161 makes it clear. The word Governor should only be read as state government and the Supreme Court made it very clear," he said.
Though the Tamil Nadu Cabinet took a decision way back in 2018 to release the seven convicts, their release was prevented for political reasons by the Centre, he said. "We could say that all these years they were in illegal confinement, violating the Constitution."
Late Chief Minister J Jayalalithaa initiated the due process for the release of the seven Rajiv case convicts in 2014 and the matter later went to the Supreme Court, which set Perarivalan free in May this year.
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