Following a petition filed in the Supreme Court on behalf of Perarivalan seeking his release from jail in connection with the assassination of Rajiv Gandhi, the Supreme Court judges on Wednesday said that releasing Perarivalan was the only solution to the case and raised a series of questions about the Governor's authority.
The Supreme Court in March had granted bail to A G Perarivalan who has been serving life sentence in the Rajiv Gandhi assassination case, taking note of his long incarceration of over 30 years and no history of complaint when out on parole.
Following are the statements from the judges:
"What power does the Governor have to send to the President on the recommendations that the State cabinet can send?
The response in the case of Perarivalan is contradictory every time. Governor, why shouldn't we release Perarivalan ourselves without going into the powers of the President?
If the Governor acts against every decision of the State cabinet, it will have a huge detrimental effect on the federal system. He cannot go against the cabinet decision from his own perspective.
The Central Government is expected to announce its position on the release of Perarivalan within a week.
The judges advised the Tamil Nadu government and the prosecutor to keep all the documents related to the Perarivalan case ready.
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