Case Note & Summary
The case involved A.G. Perarivalan, accused No. 18 in the assassination of former Prime Minister Rajeev Gandhi, who was convicted and sentenced to death in 1999. After a series of legal proceedings, including a commutation of his death sentence to life imprisonment by the Supreme Court in 2014, the State of Tamil Nadu proposed remission of his sentence. However, the Governor referred this proposal to the President of India without making a decision, leading to legal challenges. The Appellant argued that the Governor was bound to decide based on the State Cabinet's recommendation and lacked the authority to refer it to the President. The State supported the Appellant's position, emphasizing that the Governor must act on the Cabinet's advice. The Union of India contended that the President was the appropriate authority for remission. The Supreme Court analyzed the constitutional provisions and previous judgments, concluding that the Governor's referral was unconstitutional and that the State Cabinet's advice was binding. The Court noted the Appellant's long incarceration, good conduct, and health issues, ultimately directing his release under Article 142 of the Constitution, deeming his sentence served. The Appeals were disposed of accordingly.
Headnote
A) Constitutional Law - Remission of Sentence - Governor's Power - Article 161 of the Constitution - The Governor is bound by the advice of the State Cabinet in matters of remission and cannot refer such recommendations to the President of India. The Court held that the Governor's action in this case was contrary to the constitutional scheme, as the recommendation remained pending for an unreasonable duration without a decision (Paras 29-30).
Issue of Consideration
Whether the Governor's referral of the State Cabinet's recommendation for remission to the President of India was constitutional.
Final Decision
The Supreme Court held that the Governor's referral of the remission recommendation to the President was unconstitutional and directed that the Appellant is deemed to have served his sentence, ordering his immediate release.
Law Points
- Article 161
- Article 72
- Criminal Procedure Code
- 1973
- remission of sentence
- executive power
- judicial review
- binding advice of State Cabinet
Case Details
2022 LawText (SC) (05) 238
Criminal Appeal Nos. 833-834 of 2022 (@ SLP (Crl.) Nos. 10039-10040 of 2016)
L. Nageswara Rao, B. R. Gavai, A. S. Bopanna
Gopal Sankaranarayanan, Rakesh Dwivedi, K. M. Natraj
State, Through Superintendent of Police CBI/SIT/MMDA, Chennai, Tamil Nadu and Anr.
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Nature of Litigation
Criminal appeal against the Governor's referral of remission recommendation to the President of India.
Remedy Sought
The Appellant sought release from life imprisonment.
Filing Reason
The Governor's inaction on the State Cabinet's recommendation for remission.
Previous Decisions
The Appellant's death sentence was commuted to life imprisonment by the Supreme Court in 2014.
Issues
Whether the Governor's referral of the remission recommendation to the President was constitutional.
Whether the advice of the State Cabinet is binding on the Governor.
Submissions/Arguments
The Appellant argued that the Governor must decide on the Cabinet's recommendation and cannot refer it to the President.
The State supported the Appellant's position, asserting the Governor is bound by the Cabinet's advice.
Ratio Decidendi
The Governor is bound by the advice of the State Cabinet in matters of remission under Article 161, and any delay or non-exercise of this power is subject to judicial review.
Judgment Excerpts
The Governor is bound by the advice of the State Cabinet in matters of remission and cannot refer such recommendations to the President of India.
The reference of the recommendation of the Tamil Nadu Cabinet by the Governor to the President of India two and a half years after such recommendation had been made is without any constitutional backing.
Procedural History
The Appellant was convicted in 1999, sentenced to death, and later had his sentence commuted to life imprisonment in 2014. The State proposed remission, which was referred to the President by the Governor, leading to the current appeals.
Acts & Sections
- Indian Penal Code, 1860:
- Arms Act, 1951:
- Explosive Substances Act, 1908:
- Passport Act, 1967:
- Foreigners Act, 1946:
- Indian Wireless Telegraphy Act, 1933:
- Terrorist and Disruptive Activities (Prevention) Act, 1987:
- Constitution of India: Article 161, Article 72, Article 162, Article 163
