The Supreme Court recently comprising of a bench of Justices LN Rao, BR Gavai and BV Nagarathna adjourned the plea filed by AG Perarivalan seeking release from the prison based on the recommendation made by the State Government in September 2018 for January. (AG Perarivalan v State of Tamil Nadu)
Facts of the case
The writ petition was filed by Perarivalan, who was on death row for over two decades, aggrieved with the inaction of the Governor to decide on the recommendation made by the Tamil Nadu government in September 2018 to grant him pardon.
Contention of the parties
The Advocate appearing on behalf of Perarivalan submitted, "I am in jail for 30 years. Governor's decisions need to be taken on record".
The counsel, who is serving life sentence in the Rajiv Gandhi assassination case, told the Supreme Court that the decision taken by the Tamil Nadu Governor on the recommendation made by the State Government to release him from prison must be placed on record.
The Solicitor General of India Tushar Mehta requested the bench to take up the matter next week.
The SG submitted, "I am in an overnight part-heard matter before Court 3. I am on my legs, can the matter be considered on Monday or Tuesday."
Courts Observation & Judgment
The bench told the SG, "On the last date you said that you'll take a decision and send it.”On the ground of immunity, we cannot ask the Governor to not pass any order."
The bench further remarked, "You take instructions but we cannot grant more adjournment."
The bench taking note of the contention of the SG that at this juncture he needed to take instructions on the same adjourned the matter for 03.02.2022.
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