The Supreme Court  asked Prime Minister Narendra Modi-led BJP government at the Centre to clarify its position on the release of AG Perarivalan, convicted in the assassination case of former prime minister Rajiv Gandhi.

While coming down heavily on the Centre, the top court said it “will release Perarivalan” if the government does not take a stand on the convict’s mercy plea within a week. “He has already spent 36 years in jail then why not we release him,” asked the SC.

The apex court also criticised the Tamil Nadu Governor for sitting on Cabinet’s release recommendation for more than three and half years and then forwarding it to President. The SC also asked the Centre, “Does the State Governor have the power to send the recommendation sent by the State Cabinet to the President without taking a decision?

The action of the state Governor to refer every decision taken by the State legislature to the President is against the country’s federalism, said Justice Nageswara Rao while hearing Rajiv Gandhi assassination case convict Perarivalan’s appeal for permanent release.

Rajiv Gandhi was assassinated at an election public meeting organised by the Congress party at Sriperumbudur on the night of May 21, 1991.

After a prolonged day-to-day trial for over six years, the trial court in Poonamallee delivered the judgment running to more than 1,000 pages in January 1998, imposing a death sentence on all the 26 accused, including Nalini, her husband Sri Haran alias Murugan and A G Perarivalan and four others.