SC cites ‘extraordinary power’ to release Rajiv Gandhi assassination convict: Article 142 explained

The Supreme Court on Wednesday ordered release of AG Perarivalan, one of the life convicts in the Rajiv Gandhi assassination case.

A bench headed by Justice L Nageswara Rao invoked its ‘extraordinary power’ under Article 142 to grant relief to Perarivalan.

“State cabinet had taken its decision based on relevant considerations. In exercise of Article 142, it is appropriate to release the convict,” the bench said.

But what is this ‘extraordinary power’? And how does Article 142 factor into it? Let’s take a closer look:

What is Article 142?

Article 142 was adopted by the Constituent Assembly on 27 May, 1949. It deals with enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.

Its Subsection 1 reads thus: “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.”

The provision thus gives the apex court wide-ranging powers to act in order to achieve “complete justice” in any matter.

This is relevant because the mercy plea of Perarivalan, who has already spent 31 years in prison, was pending before a long time.

Indeed, the court said the governor’s reluctance to take a call on the pardon plea has compelled the court to employ its constitutional powers under Article 142 to do justice to Perarivalan.

The court had also said the Tamil Nadu Council of Ministers’ 2018 advice to pardon Perarivalan was binding on the governor under Article 161 (Governor’s power of clemency) of the Constitution.

Last week, the Supreme Court said it disagreed with the Centre’s decision to await the President’s referral, after the Tamil Nadu state Cabinet has given its recommendation, noting that “no one was above the law.”

The court had earlier granted bail to Perarivalan while taking note of his long incarceration and no history of complaints when out on parole.

On 18 February, 2014, the top court had commuted the death sentence of Perarivalan to life imprisonment, along with that of two other prisoners – Santhan and Murugan – on grounds of an 11-year delay in deciding their mercy pleas by the Centre.

In its May 1999 order, the top court had upheld the death sentence of four convicts Perarivalan, Murugan, Santham and Nalini.

Rajiv was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.

With inputs from agencies

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