Order on Rajiv Gandhi killer's petition reserved

New Delhi, May 12

The Supreme Court has reserved its order on a petition filed by Rajiv Gandhi assassination case convict AG Perarivalan seeking his release.

A Bench led by Justice LN Rao heard arguments on the Governor’s power to refer such mercy petitions to the President after the state cabinet’s recommendation for remission/pardon.

On behalf of Tamil Nadu Governor, Additional Solicitor General KM Nataraj contended that the Centre had primacy in deciding such pleas if the offence was based on a law enacted by Parliament.

“If your contention is to be accepted, then in every case of murder, only the President will have power (to grant pardon/remission)… By that logic states can’t pardon convicts and they will have to refer to the President each case,” the Bench noted on Wednesday. Natraj said the investigation was done by a Central agency and the offence of murder under the IPC.