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The Hindu
The Hindu
National
Krishnadas Rajagopal

Perarivalan, Rajiv Gandhi case convict, released by Supreme Court citing extraordinary powers

AG Perarivalan

The Supreme Court on Wednesday invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case.

A Bench led by Justice L. Nageswara Rao, in its judgment, took into consideration Perarivalan’s long incarceration for over 30 years to order his release. Perarivalan is currently on bail. His death penalty had earlier been committed to life sentence for murder. Terrorism charges were earlier withdrawn.

The court held that the Tamil Nadu Council of Ministers’ advice on September 9, 2018 to pardon Perarivalan was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.

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