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

The Supreme Court today observed that it was not happy with how the recommendation of the Tamil Nadu government for remission of the sentence of AG Perarivalan, convict in the Rajiv Gandhi assassination case, has been pending with the Governor for over two years..The Bench of Justices L Nageswara Rao, Ajay Rastogi and Hemant Gupta asked Additional Advocate General for Tamil Nadu Balaji Srinivasan to find out why the Governor has not decided on the recommendation of the state government..Srinivasan informed the Court that the matter before Governor Banwarilal Purohit was that of a "larger conspiracy", and that he was "awaiting a report from the CBI". In response to this, the Court said,."We don't want to exercise jurisdiction, but we are not happy with how the recommendation has been pending before the Governor for two years.".Appearing for the petitioner, Senior Advocate Gopal Sankaranarayanan contended that in the Nilofer Nisha case, related to the same remission notification, the Court exercised its powers under Article 142 of the Constitution to release the prisoners..Sankaranarayanan further stated that grant of remission was the prerogative of the Governor and is not under the Code of Criminal Procedure (CrPC)..The Court has now asked the counsel to submit cases and points of law to show how the Supreme Court can give directions to the Governor..Justice Rao referred to the 2014 judgment in the Shatrughan Chauhan case, wherein the Supreme Court held that mercy petitions have to be decided in a time-bound manner. He also cited a case where the Governor had been asked to take decisions concerning the Assembly..Additional Solicitor General for India KN Nataraj told the Court that the investigation on the angle of a "larger conspiracy" was spread over the United Kingdom and Sri Lanka, and that the Central Bureau of Investigation (CBI) was waiting for replies to its letters rogatory..Justice Rao then asked,."Larger conspiracy probe is pending for 20 years and going. Still, you are at the stage of getting replies of rogatory letters from UK etc?"Justice L Nageswara Rao.Perarivalan was awarded the death penalty in 1991 for his involvement in the conspiracy to assassinate then Prime Minister Rajiv Gandhi. He was charged for providing a 9-volt battery to co-conspirator Sivarasan for the explosive device used to kill Gandhi..After he spent 20 years on death row, the Supreme Court commuted Perarivalan's death penalty to life imprisonment in February 2014..In September 2018, the Government of Tamil Nadu announced its decision to release him along with six other convicts.