Tamil Nadu Guv awaiting MDMA report to decide on Rajiv convicts, HC told

“The Governor’s secretary has informed that only for this reason the Governor has not taken any decision on the recommendation so far,” State public prosecutor A Natarajan appearing on behalf of the Governor’s Secretariat told a division bench comprising Justice N Kirubakaran and Justice VM Velumani, on Wednesday.

The prosecutor further submitted that the agency was constituted following the report of the Jain Commission that recommended probe into the larger conspiracy in the case involving persons of other countries like Sri Lanka, and its progress was being monitored by the Supreme Court.

The submission was in response to the oral observation by the bench on July 22 that it would be constrained to intervene if the Governor continued to sit over the State’s recommendation. The bench made the comment while hearing a plea moved by T Arputham, mother of one of the convicts AG Perarivalan, seeking 90 days parole for her son to facilitate medical attention.

The bench led by Justice Kirubakaran took strong exception to the delay caused by the prison authorities in disposing of the parole plea. “It might be the discretion of the authorities to either grant parole or reject the request. But the decision should be made within a reasonable time,” the bench said.

Also, noting that convicts in incarceration are already distressed and hence failure to dispose their representations in time thereby forcing them spend money and approach the court would only add up to their woes, the bench wondered why a cost of Rs one lakh should not be imposed on the authorities for failing to dispose Perarivalan’s parole plea within a reasonable time.

In the event of such delays, the government should be asked to bear the litigation costs, the bench added, and adjourned the plea to August 3 after directing the prosecutor to file a counter to the plea.