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Current Affairs

Article 142 of the constitution

Date: 21 May 2022 Tags: Judiciary & Judgments

Issue

A.G. Perarivalan, the convict in Rajiv Gandhi assassination case was released from jail by the Supreme Court by exercising its powers under Article 142.

 

Background

Perarivalan was sentenced to death but it was commuted to life-imprisonment by the Supreme Court.

 

Details

  • The Article 142 is titled Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.

  • The court used Article 142(1) while passing the order for releasing Perarivalan thereby doing complete justice in any matter pending before it.

 

Article 142 (1)

“The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it”.

 

Article 142(2)

“The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

 

Various issues considered

  • Prolonged period of incarceration

  • His satisfactory conduct in jail and during parole

  • His educational qualifications acquired during incarceration

  • Chronic ailments from medical records

  • The 2018 State Cabinet recommendation made to the Governor

 

Previous use

  • In Bhopal Gas tragedy case, the Supreme Court awarded a compensation of $470 million to the victims using its constitutional powers under Article 142.

  • In Babri Masjid demolition case, the apex Court ordered framing of a scheme for formation of trust to construct Ram Mandir at the demolition site in Ayodhya.

  • In liquor sale ban case, the Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways to prevent drunken driving.