Thread by @barandbench

Supreme Court bench led by Justice L Nageswara Rao is hearing a plea by one of the Rajiv Gandhi Assassination convicts - AG Perarivalan, for parole.

#SupremeCourt

With multiple co-morbid illness and high chances of getting #Covid19 infection in the prison, the Madras High Court had directed the concerned authorities to grant 30 days' leave to a convict in the Rajiv Gandhi assassination case in September.

#RajivGandhiAssasination

Sr. Adv. Gopal Sankaranarayan: After your orders, the remission file is pending after the recommendation of the State Govt. for more than two years now. We have no option but to approach this Court now.

Justice Rao: We want the Governor to pass orders. Inform us what can be done in such situations where governor makes such recommendations. What is it the Court can do in such cases ?

SC: Can we ask the Governor to do that as has been done in earlier cases?

Sankaranarayan: In Nilofer Nisha case, it was a batch of cases arising out of the same remission notification and the Court exercised their powers under 142 to release the prisoners. As far as remission is concerned its the prerogative of the Governor and is not under CrPC

SC: We don’t want to exercise our jurisdiction, but we are not happy with how this recommendation has been pending for two years. Tell us what the law and cases are which can allow us to do it. We can hear this after vacation

SC: Look up Shatrughan Chauhan, do some research and tell us. We will take it after Diwali vacations

SC to Tamil Nadu AG, Balaji Srinivasan: Why is the Governor taking so much time ? Can’t you tell him ?

Srinivasan: this is a case of larger conspiracy, the Governor is waiting for a report from the CBI.

Justice Rao: Larger conspiracy only deals with whether other persons are involved. Look into the file of the case

Justice Rao to Senior Adv Sankaranarayanan : what about the Constitution Bench judgement which allows SC to intervene.

Sankaranarayanan: we will submit a compilation and serve it to the other side.

Srinivasan: There is no other side. (Laughs)

SC to hear the matter next on November 23

Advocates have the liberty to file additional documents and also case laws to show how Supreme Court can give directions to the Governor.

#SupremeCourt

Supreme Court not happy with Governor sitting on Rajiv Gandhi assassination convict's remission file for two years #RajivGandhi #SupremeCourt

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