Supreme Court releases all 6 convicts in Rajiv Gandhi assassination case

Subject :Polity

Context:

The Supreme Court has set free the remaining six convicts in the Rajiv Gandhi assassination case, extending to them the benefit of its order releasing their co-convict A G Perarivalan.

What is the background of the case:

In 2014, the Supreme Court had commuted the death sentence of AG Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, to life imprisonment on account of the undue and unexplained delay in deciding his mercy plea.
Subsequently in 2018, Perarivalan submitted an early release application to the Governor of Tamil Nadu under Article 161 of the Constitution.
The then Governor of Tamil Nadu decided to refer the plea to the President of India.
The Tamil Nadu government objected to such ‘reference’, which has no statutory or constitutional validity.
Both Perarivalan and the Tamil Nadu government, in 2018, approached the Supreme Court due to the delay in his release, despite a recommendation given by the then Tamil Nadu government to remit his sentence.

What is Supreme Court Judgement of May 2022:

In May 2022, the Supreme Court ordered the release of AG Perarivalan, invoking powers under Article 142 of the Constitution.
The court was of the view that the inordinate delay in deciding Perarivalan’s early release plea by the Governor under Article 161 warranted his release.
The court observed that the inordinate delay by the Tamil Nadu Governor in exercising his powers under Article 161 can be subject to judicial review.
The court opined that the state government is well-within its authority to aid and advise the Governor in pardon and remission pleas pertaining to cases of murder

What is the Scope of power to grant Pardoning vs. Remission:

Both the President and the Governor have been vested with sovereign power of pardon by the Constitution, commonly referred to as ‘mercy’ or ‘clemency power’.
Under Article 72, the President can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person convicted of any offence in all cases where the punishment or sentence is by a court-martial.
It is applicable in all cases where the punishment or sentence is for an offence under any law relating to the Union government’s executive power, and in all cases of death sentences.
It is also made clear that the President’s power will not in any way affect a Governor’s power to commute a death sentence.
And under Article 161, a Governor can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence of anyone convicted under any law on a matter which comes under the State’s executive power.

What is Article 142 of the Constitution:

Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties, where at times law or statute may not provide a remedy.
In those situations, the Court can extend itself to put a quietus to a dispute in a manner that would fit the facts of the case.