The Supreme Court on Monday sought a response from the Centre and the Tamil Nadu government on the petitions of S Nalini and R P Ravichandran, undergoing life term in the 1991 Rajiv Gandhi assassination case.
A bench of Justices B R Gavai and B V Nagarathna issued notice to the Union and the Tamil Nadu government on the pleas.
The court fixed the matter for consideration on October 14.
Both Nalini and Ravichandran had filed their plea in the Madras High Court citing release of another convict A G Perarivalan by the top court.
The High Court, however, refused to entertain their plea, forcing them to the Supreme Court.
The HC had on June 17 said that it cannot exercise powers under Article 142 of the Constitution to pass a similar order, passed by the top court.
On May 18, the Supreme Court invoked its extraordinary powers under Article 142 of the Constitution as it ordered the release of Perarivalan, sentenced to life in the assassination case.
The top court had then taken into account several factors, namely his satisfactory conduct in jail as well as during parole, chronic ailments, his educational qualifications acquired in jail and the pendency of his petition for release under Article 161 for two and a half years after the recommendation of the State Cabinet for remission of his sentence.
Their plea contended the High Court failed to appreciate that the councils of ministers' recommendation had neither been accepted nor rejected by the Governor of Tamil Nadu, and such an inaction on the Governor's part was against the constitutional scheme. Further, the said recommendation is referred to the President of India in the absence of any legal support, in clear violation of the Constitution Bench judgment in Maru Ram Vs Union of India (1981).