A bench of Justices L Nageswara Rao and BR Gavai was hearing a remission plea filed by a convict in the assassination case of former Prime Minister of India Rajiv Gandhi. The specific issue was the power of the Governor to refer such petitions to the President of India when the State Cabinet has given its recommendations.
“We cannot shut our eyes when there is a violation of the Constitution. It is our Bible. There is nobody above law. There are certain powers conferred to dignitaries, but the working of the Constitution cannot come to a stall,” the Court observed.
Pertinently, the bench took exception to the Central government defending the Governor’s actions.
“The Governor acts on the behalf of the State. Why is the Union defending the Governor’s action here in court? How is it fine? Obviously, Governor can take a decision contrary to the Cabinet and send the matter to the State. It is for the State to defend the Governor, not Union,” the Court demanded.
Source: Barandbench
