Former Prime Minister Rajiv Gandhi assassination case convict S. Nalini’s counsel M. Radhakrishnan on Wednesday termed as a “big disappointment” the Supreme Court’s decision to release co-convict A.G. Perarivalan by invoking its inherent jurisdiction under Article 142 of the Constitution to do complete justice in any matter pending before it.
The counsel said he expected the Supreme Court to lay down a law and fix a time frame within which the Governor, exercising powers under Article 161 of the Constitution to suspend, remit or commute prison sentences, must take a call on recommendations made by the State Cabinet to release certain convicts.
“Only such a ruling would have put an end to the practice of Governors keeping the Cabinet recommendations pending for years together or referring them to the President, without any authority whatsoever, and thereby deny the right of the convicts to be set free pursuant to decisions taken by the Cabinet,” he said.
