NDLI: A.g. Perarivalan Vs. State, Through Superintendent of Police Cbi/sit/ Mmda, Chennai, Tamil Nadu and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India: Art. 161 – Power of Governor to grant pardons
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Constitution of India: Art. 161 – Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases – Appellant, one of the accused in assassination of the former Prime Minister of India-Shri Rajeev Gandhi – Convicted and sentenced to death – Death sentence commuted to life imprisonment – As regards, remission of the sentence of the appellant, reference made by the Governor to the President of India on 25.01.2021, without taking a decision on the recommendation made by the State Cabinet on remission of the sentence of the appellant – Correctness of – Held: The advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences u/Art.161 – Non-exercise of the power u/Art. 161 or inexplicable delay in exercise of such power not attributable to the prisoner is subject to judicial review, especially when the State Cabinet has taken a decision to release the prisoner and made recommendations to the Governor to this effect – No provision under the Constitution pointed out nor any source of the Governor’s power to refer a recommendation made by the State Cabinet to the President of India showed – In the instant case, the Governor ought not to have sent the recommendation made by the State Cabinet to the President of India – Such action is contrary to the constitutional scheme – Recommendation made by the State Cabinet remained pending before the Governor for almost two and a half years without a decision being taken – Only when this Court started enquiring about the reason for the decision being delayed, the Governor forwarded the recommendation made by the State Government for remission of the appellant’s sentence to the President of India – Furthermore, having regard to the appellant’s incarceration for 32 years, no complaint relating to his conduct in jail, his chronic ailments from his medical records, his educational qualifications acquired during incarceration and the pendency of his petition u/Art. 161 for two and a half years after the recommendation of the State Cabinet, it is not fit to remand the matter for the Governor’s consideration – In exercise of power u/Art. 142, the appellant is deemed to have served the sentence – Appellant is set at liberty forthwith – Penal Code, 1860 – Arms Act, 1951 – Explosive Substances Act, 1908 – Passport Act,1967 – Foreigners Act,1946 – Wireless Telegraphy Act,1933 – Terrorist and Disruptive Activities (Prevention) Act, 1987.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2022 INSC 588
Petitioner	A.g. Perarivalan
Respondent	State, Through Superintendent Of Police Cbi/sit/ Mmda, Chennai, Tamil Nadu And Anr.
SCR	[2022] 7 S.C.R. 1048
Judgement Date	2022-05-18
Case Number	833

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