<p>The Supreme Court has said the President has got no role in deciding mercy pleas by the Rajiv Gandhi assassination case convicts and it would adjudicate if the Governor had the authority to refer the matter to the top constitutional office.</p>.<p>A bench of Justices L Nageswara Rao and B R Gavai rejected a contention by Additional Solicitor General K M Nataraj, appearing for the Centre, said the issue may not arise, as the President could himself take a decision to pardon, reject the plea or refer the matter back to the Governor.</p>.<p>"We thought it was our duty to interpret the law and not the President's...We cannot shut our eyes to something that is happening against the Constitution. We have to follow our Bible, the Constitution," the bench said.</p>.<p>No authority, however so ever, could put a spoke in the working of the Constitution, the bench added.</p>.<p>Maintaining that the Governor had no authority to transfer the mercy plea to the President, the court, however, said it would adjudicate upon the question of whether the Governor could exercise any power to refer the recommendation made by the Tamil Nadu cabinet to the President. </p>.<p>The top court further pointed out that under Article 161 of the Constitution, the Governor was bound by the aid and advice given by the Tamil Nadu's Council of Ministers. </p>.<p>In September 2018, the Council of Ministers of Tamil Nadu recommended for release of the convicts. On January 27, 2021, the Governor referred the matter to the President.</p>.<p>Acting on a plea by a convict, A G Perarivalan, the top court had on April 27 asked the Centre to explain why it should not order his release in the case since he has served more than 30 years of jail. </p>
<p>The Supreme Court has said the President has got no role in deciding mercy pleas by the Rajiv Gandhi assassination case convicts and it would adjudicate if the Governor had the authority to refer the matter to the top constitutional office.</p>.<p>A bench of Justices L Nageswara Rao and B R Gavai rejected a contention by Additional Solicitor General K M Nataraj, appearing for the Centre, said the issue may not arise, as the President could himself take a decision to pardon, reject the plea or refer the matter back to the Governor.</p>.<p>"We thought it was our duty to interpret the law and not the President's...We cannot shut our eyes to something that is happening against the Constitution. We have to follow our Bible, the Constitution," the bench said.</p>.<p>No authority, however so ever, could put a spoke in the working of the Constitution, the bench added.</p>.<p>Maintaining that the Governor had no authority to transfer the mercy plea to the President, the court, however, said it would adjudicate upon the question of whether the Governor could exercise any power to refer the recommendation made by the Tamil Nadu cabinet to the President. </p>.<p>The top court further pointed out that under Article 161 of the Constitution, the Governor was bound by the aid and advice given by the Tamil Nadu's Council of Ministers. </p>.<p>In September 2018, the Council of Ministers of Tamil Nadu recommended for release of the convicts. On January 27, 2021, the Governor referred the matter to the President.</p>.<p>Acting on a plea by a convict, A G Perarivalan, the top court had on April 27 asked the Centre to explain why it should not order his release in the case since he has served more than 30 years of jail. </p>
