Pardon Jurisprudence II / The Revival of Ray LXXXVI
A.G. Perarivalan is Accused No. 18 in Crime No. 329 of 1991 registered at Sriperumbudur Police Station for assassination of Shri Rajeev Gandhi, Former Prime Minister of India, on 21.05.1991.
Death Sentence was commuted to Life Imprisonment by this Court on 18.02.2014
By following Samsher Singh v. State of Punjab, (1974) 2 SCC 831 constitutional conclusion is, in matter of exercise of powers under Articles 72 and 161, Governor is but a shorthand expression for State Government. Non-exercise of power under Article 161 or inexplicable delay in exercise of such power is subject to judicial review.
No attempt has been made to make out a case of apparent bias of State Cabinet or State Cabinet having based its decision on irrelevant considerations.
A.G. Perarivalan was 19 at time of arrest and has been incarcerated for 32 years, out of which 16 years were on Death Row and 29 years in Solitary Confinement. There has been no complaint relating to conduct in jail. Apart from good behavior, A.G. Perarivalan has also educated himself.
Set at liberty forthwith.
– Hon’ble Justice L. Nageswara Rao, A.G. Perarivalan v. State, [Criminal Appeal Nos. 833-834 of 2022].