Rajiv Gandhi assassination case: Tamil Nadu governor cannot sit on recommendation to release seven life convicts, Madras high court says

CHENNAI: The Madras high court on Wednesday made it clear that the Tamil Nadu

governor

-- a constitutional authority -- cannot sit on the state government’s recommendation to release all the seven life convicts in the Rajiv Gandhi assassination case for so long.

“No time limit is prescribed for such authorities to decide on such issues only because of the faith and trust attached to the constitutional post. If such authority fails to take a decision in a reasonable time, then the court will be constrained to interfere,” a division bench of Justice N Kirubakaran and Justice V M Velumani said.

The bench made the observations while hearing a habeas corpus plea moved by T Arputham, mother of life convict A G

Perarivalan

. She wanted the court to grant 90 days parole to her son who needs immediate medical attention in view of various ailments.

She said that Perarivalan is vulnerable to Covid-19 infection inside the prison as he suffers chronic illness.

“In view of the illnesses, my son has been regularly taken to Stanley Government Medical Hospital for the past five years. On February 21, he was treated in the hospital for prostate and urinary infection. He was advised to come for review after 15 days. But he was not taken for the review as prescribed and suffers unbearable pain due to denial of proper treatment,” senior advocate R Shanmugasundaram said representing Arputham.

Recording the submissions, the bench directed the prosecutor to get instructions from the state government regarding the parole request and directed the registry to inform the counsel for the governor’s office to get appropriate instruction as to the disposal of the recommendation to release the life convicts.

The court then adjourned the hearing to July 29.