A claim by the Centre that the President, and not the Tamil Nadu Governor, has "exclusive power" to decide Rajiv Gandhi assassination convict A.G. Perarivalan's plea for pardon drew flak from the Supreme Court on Wednesday before it reserved the case for judgment.
A three-judge Bench led by Justice L. Nageswara Rao said the government's argument, if taken on face value, would leave Article 161 (the constitutional power of Governors of States to grant pardon) a "dead-letter".
"So, according to you, the power to grant pardon is exclusively that of the President... Well, in that case, pardons granted by Governors throughout the history of this nation across States are all null and void?" Justice B.R. Gavai quizzed Additional Solicitor General K.M. Natraj, appearing for the Centre.
