The Madras High Court bench has issued a notice to Tamil Nadu government seeking its view over a diktat of the Centre on exercising clemency jurisidiction after its rejection by the President.
Justices R Sudhakar and V M Velumani issued a notice to the Tamil Nadu Home secretary seeking his view on a petition by I Michael, Director of the outfit "Arivar Theyam".
The petitioner contested a 1991 directive of the Centre that if a clemency plea was rejected by the President, the state government cannot entertain the same plea again.
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He argued that the powers conferred on the Governor by the Constitution was unfettered under Article 161 and it is independent of the powers enjoyed by the President.
The apex court had upheld the exercise of power by the Governor under Art.161 even after the President had rejected the mercy petition in a case, he submitted.
The pardoning power of the President and the Governor with regard to a case involving death sentence under the two provisions operated in two different spheres and the Home Secretary had no right to issue such a direction, he said.
The Home Secretary had given the direction without assigning any reason whatsoever and it was a colourable exercise of executive power, he submitted.
The petitioner sought a stay on operation of the direction and also quash it as null and void "as it is unconsitutional.
