• About
  • Contcat Us
Monday, May 29, 2023
Justice Bench
No Result
View All Result
  • Login
  • Register
  • Home
  • Articles
  • Online Internship
  • Forums
  • Home
  • Articles
  • Online Internship
  • Forums
No Result
View All Result
justice bench
No Result
View All Result
Home News

5 key findings from SC judgment on Governors power to grant remission in AG Perarivalan bail petition – know more

By Justuce Bench by By Justuce Bench
May 18, 2022
in News
Reading Time: 5 mins read
0
0
SC judgment 5 key highlights on Governors power to grant remission in AG Perarivalan bail petition - know more

SC judgment 5 key highlights on Governors power to grant remission in AG Perarivalan bail petition - know more

0
SHARES
1
VIEWS

The Supreme Court ordered the release of the convict AG Perarivalan in the assassination of former PM Rajiv Gandhi, after noting there was considerable delay by the Governor in deciding remission plea under Article 161.

the Supreme Court While ordering the release of AG Perarvalan convict in the assassination of former Prime Minister Rajiv Gandhi, made some pertinent observations regarding the power of the Governor to refer a remission recommendation of the State Cabinet to the President of India.

The bench comprising Justices L Nageswara Rao, BR Gavai and AS Bopanna exercised its powers under Article 142 of the Constitution to order Perarivalan’s release after noting that there was considerable delay by the Governor of Tamil Nadu in deciding the convict’s plea for remission under Article 161.

READ ALSO

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

Perarivalan was convicted and sentenced to death for aiding in making the bomb responsible for the assassination of Rajiv Gandhi at age of 19.

He spent over 30 years in jail until the Supreme Court enlarge him on bail in February 2022.

The plea for remission of his sentence stayed pending even thought the Tamil Nadu State Government had recommended the same in 2018.

This was largely due to the decision of the Governor to refer the recommendation to the President.

The Supreme Court considered the correctness of the reference made by the Governor to the President of India, without taking a decision on the recommendation made by the State Cabinet on remission of the sentence, and found as follows:

1. Advise of State Cabinet is binding on Governor under Article 161

In Maru Ram v Union of India, the Supreme Court had held that in the matter of exercise of the powers under Articles 72 and 161, the President and the Governor respectively must act not on their own judgment but in accordance with the aid and advice of the ministers.

The precendent in ealier judgment makes it clear that the advice of the State Cabinet is binding on the Governor, unless the Governor has been expressly authorised, by or under a constitutional provision, to discharge the function concerned, in his own discretion.

“The advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161. No provision under the Constitution has been pointed out to us nor any satisfactory response tendered as to the source of the Governor’s power to refer a recommendation made by the State Cabinet to the President of India,“.

the judgment stated.

2. Non-exercise of power under Article 161 is subject to judicial review by the Supreme Court

Even though the Constitution grants certain immunity to the Governor, non-exercise of the power under Article 161 is not immune from judicial review as held in Epuru Sudhakar v Govt. of AP.

“Given petitions under Article 161 pertain to the liberty of individuals, inexplicable delay not on account of the prisoners is inexcusable as it contributes to adverse physical conditions and mental distress faced by a prisoner, especially when the State Cabinet has taken a decision to release the prisoner by granting him the benefit of remission / commutation of his sentence,” the judgment stated.

3. Executive powers of State extends to offences under Section 302 of the Indian Penal Code (IPC)

Going by Union of India v Sriharan, the executive power of the State would extend to offences under Section 302 of the IPC, because no express executive power has been conferred on the Central government either under the Constitution or any law made by the parliament in relation to Section 302 (punishment for murder) IPC.

“In the absence of such specific conferment, it is the executive power of the State that extends with respect to Section 302, assuming that the subject-matter of Section 302 is covered by Entry 1 of List III“, the Court said.

4. Judgment in MP Special Police Establishment v State of MP only applies when recommendation of State Cabinet is biased

In said judgment, the Supreme Court had held that where on facts, the bias of the Council of Ministers became apparent, the Governor would be right, on the facts of that case, to act in his own discretion and grant sanction.

“We are afraid that the judgment of this Court in M.P. Special Police Establishment is not applicable to the facts of the present case. No arguments have been put forth to make out a case of non-consideration of relevant factors by the State Cabinet or of the State Cabinet having based its recommendation on extraneous considerations,” the three-judge bench ruled.

5. Reference to President 2.5 years after State Cabinet recommendation is inimical to constitutional scheme

The bench noted that it was only when the Court started enquiring about delay in taking a decision on the State Cabinet’s recommendation that the Governor forwarded the recommendation to the President.

“The reference of the recommendation of the Tamil Nadu Cabinet by the Governor to the President of India two and a half years after such recommendation had been made is without any constitutional backing and is inimical to the scheme of our Constitution, whereby ‘the Governor is but a shorthand expression for the State Government’,” the judgment stated.

In context of the above, the Court deemed it fit to not remand the matter back to the Governor and exercised its powers under Article 142 to set Perarivalan at liberty

Read Judgment

AG_Perarivalan_v_State_of_Tamil_NaduDownload
Tags: agperarivalangoverner power article 161grantremissionsupreme court
ShareTweetSendShare

Related Posts

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.
News

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

April 24, 2023
calcutta hc
News

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

February 24, 2023
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

February 24, 2023
pocso act
News

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

February 23, 2023
The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.
News

The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.

February 13, 2023
Justice Hima Kohli stated that Artificial Intelligence cannot replace the role of a judge or a lawyer, but it can handle cases such as traffic violations and cheque bounces.
News

Justice Hima Kohli stated that Artificial Intelligence cannot replace the role of a judge or a lawyer, but it can handle cases such as traffic violations and cheque bounces.

February 13, 2023
google news
google news

POPULAR NEWS

Justices DY Chandrachud, AS Bopanna, and Bela M. Trivedi,

Execution of Document not to be considered based on Admission of Sign on Document Rules Supreme Court

May 12, 2022
DIFFERENCE BETWEEN ADVOCATE AND LAWYER

WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

June 4, 2022
La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

May 20, 2022
Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

June 6, 2022
jug jugg jeeyo

Copyright infringement | Jugjugg Jeeyo movie stay refused by Ranchi court

June 25, 2022

Tags

advocate Algo Legal Allahabad HC Allahabad High Court Anil Deshmukh anticipatory bail Appointment of Judges bail Bombay high court calcutta high court Central Bureau of Investigation central government cji Collegium Collegium Recommendations defamation delhi high court divorce Enforcement Directorate gauhati high court Gujarat High court Gyanvapi Mosque high court judges IPR Judicial Appointments justice bench karnataka high court kerala high court latest judgements law ministry legal news madras high court murder patna high court pil pocso act Rouse Avenue Court Sequoia Capital study material supreme court Supreme Court Collegium supreme court of india UAPA Union Law Ministry varanasi court

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

by By Justuce Bench
April 24, 2023
0
The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.
News

On Monday, the Supreme Court overturned a Telangana High Court ruling that had imposed limitations on the Central Bureau of...

Read more

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

by By Justuce Bench
February 24, 2023
0
calcutta hc
News

The Calcutta High Court in India recently refused to quash a criminal case involving charges under Section 377 and allegations...

Read more

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

by By Justuce Bench
February 24, 2023
0
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

The Bengaluru court issued a temporary injunction against IPS officer D Roopa Moudgil and 59 media companies from broadcasting defamatory...

Read more

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

by By Justuce Bench
February 23, 2023
0
pocso act
News

On Wednesday, the Supreme Court rejected an appeal against a Kerala High Court decision which had ruled that poking one's...

Read more

About

Justice Bench is one of the fastest growing news legal portal in India, for latest Latest Legal News india, Supreme Court judgement updates, High Courts Judgments updates,Law Firms News in india, Law School News, Latest Legal News india visit us.

Follow us

google news
google news

Recent Posts

  • The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

Popular News

  • Calcutta High Court asks CBI and NIA to investigate forced conversions in West Bengal Malda District - know more

    Calcutta High Court asks CBI and NIA to investigate forced conversions in West Bengal Malda District – know more

    0 shares
    Share 0 Tweet 0

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

No Result
View All Result
  • Home
  • Articles
  • Online Internship
  • Forums

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

Welcome Back!

Sign In with Google
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Google
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In