The Supreme Court on Wednesday, 4 May, indicated that it disagreed with the Centre's decision to await the President's referral, after the state cabinet has given its recommendation, noting that "no one was above the law."
An SC bench of Justices L Nageswara Rao and B R Gavai was hearing a remission plea filed by A G Perarivalan, a convict in the Rajiv Gandhi assassination case, when it made the oral observation.
"It is a matter to be decided by the court, the decision of the Governor was not even needed; he is bound by the decision of the council of ministers. We will have to look into this," the court directed Additional Solicitor General K M Nataraj, appearing for the Centre in the matter.
The court stressed that "it cannot shut our eyes when there is a violation of the Constitution," and said that it was not for the Union to defend the actions of the governor.
"The Governor acts on the behalf of the State. Why is the Union defending the Governor's action here in court?" the court added.
Perarivalan's plea, the Court underlined, was not concerned with law but with his personal liberty.
The judges said, "There’s a hanging sword on his head. He has had good conduct too ... We had asked you about the reference being correct ... Why don’t we release him? We don’t find it reasonable. It is not about what the President has to do on the reference. It is about the issue of the Governor’s power to refer the Cabinet’s decision to him."
(With inputs from Bar and Bench and The New Indian Express.)
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)