
Rajiv Gandhi Assassination Case: Madras High Court Asks If Governor Sent Files Of All Convicts To President Or Perarivalan's Alone
Live LawThe Madras High Court on Wednesday directed the Tamil Nadu government to find whether recommendations to release all the prisoners in Rajiv Gandhi Assassination case was forwarded by the Governor to the President or if it was AG Perarivalan's case alone that was referred. In this case, the apex court had observed as follows- "The President is symbolic, the Central Government is the reality even as the Governor is the formal head and sole repository of the executive power but is incapable of acting except on, and according to, the advice of his council of ministers. The action of commutation and release can thus be pursuant to a governmental decision and the order may issue even withhold the Governor's approval although, under the Rules of Business and as a matter of constitutional courtesy, it is obligation that the signature of the Governor should authorise the pardon, commutation or release. The court also discussed that the State should consider formulating Parole Rules which is different from Tamil Nadu Suspension of Sentence Rules 1982.
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