{"id":185429,"date":"2022-05-19T20:28:24","date_gmt":"2022-05-19T14:58:24","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=185429"},"modified":"2022-05-19T20:28:24","modified_gmt":"2022-05-19T14:58:24","slug":"law-and-public-opinion-on-perarivalan-release","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/law-and-public-opinion-on-perarivalan-release\/","title":{"rendered":"Law and public opinion: On Perarivalan release\u00a0"},"content":{"rendered":"\n

News<\/span><\/b>: Recently, the Supreme Court ordered the release of A.G. Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case.\u00a0<\/span>\u00a0<\/span><\/p>\n

How was he released?<\/span><\/b>\u00a0<\/span><\/p>\n

The Supreme Court has invoked its extraordinary powers under <\/span>Article 142 of the Constitution of India.<\/span><\/b>\u00a0<\/span><\/p>\n

Why was he released?<\/span><\/b>\u00a0<\/span><\/p>\n

The mother of the convict, vast sections of public opinion and many political parties have been campaigning for years for his freedom. He drew <\/span>public sympathy<\/span><\/b> because he was only 19 at the time of assassination.\u00a0<\/span>\u00a0<\/span><\/p>\n

In 2018, the <\/span>State cabinet<\/span><\/b> recommended the <\/span>release<\/span><\/b> to the <\/span>governor<\/span><\/b>. However, the Governor referred the advice to the President. The Centre argued, that the cases involving murder under the <\/span>Indian Penal Code (IPC) <\/span><\/b>come under the <\/span>President\u2019s exclusive jurisdiction<\/span><\/b> in matters of remission of life sentences.<\/span>\u00a0<\/span><\/p>\n

What has been held by the Supreme Court?<\/span><\/b>\u00a0<\/span><\/p>\n

The <\/span>remission<\/span><\/b> comes under the State\u2019s jurisdiction. Therefore, the Governor is bound by the State Cabinet\u2019s advice when acting under <\/span>Article 161<\/span><\/b>. Therefore, the governor\u2019s reference to the President was \u201c<\/span>inimical to the scheme of the Constitution<\/span><\/b>\u201d.<\/span>\u00a0<\/span><\/p>\n

The <\/span>Governor\u2019s remission powers<\/span><\/b> are exercised solely on the <\/span>State Cabinet advice<\/span><\/b>. The release of these convicts would require the <\/span>Centre\u2019s concurrence<\/span><\/b> under CrPC.<\/span>\u00a0<\/span><\/p>\n

What remains to be resolved?<\/span><\/b>\u00a0<\/span><\/p>\n

The Supreme Court failed to clear the issues of the <\/span>absence<\/span><\/b> of <\/span>any time-frame<\/span><\/b> for the President or the Governor to decide on the matter. Traditionally, this has been the cause of <\/span>indefinitely delay<\/span><\/b> in executive decisions.\u00a0<\/span>\u00a0<\/span><\/p>\n

Source<\/span><\/b>: The post is based on an article \u201cLaw and public opinion: On Perarivalan release<\/strong>\u201d published in the \u201cThe Hindu<\/strong>\u201d on 19<\/strong><\/span>th<\/strong> May 2022<\/strong>.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

News: Recently, the Supreme Court ordered the release of A.G. Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case.\u00a0\u00a0 How was he released?\u00a0 The Supreme Court has invoked its extraordinary powers under Article 142 of the Constitution of India.\u00a0 Why was he released?\u00a0 The mother of the convict, vast sections of public… Continue reading Law and public opinion: On Perarivalan release\u00a0<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-185429","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704661942},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/185429","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=185429"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/185429\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=185429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=185429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=185429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}