The Supreme Court on Wednesday ordered the release of AG Perarivalan, who has served over 30 years of life term in the Rajiv Gandhi assassination case. The change in the sentencing comes 31 years after the former Prime Minister was killed in a suicide bombing attack바카라 웹사이트by Liberation Tigers of Tamil바카라 웹사이트Eelam (LTTE) militants on May 21.바카라 웹사이트AG Perarivalan was released days before Gandhi's 21st death anniversary after a바카라 웹사이트bench headed by Justice L Nageswara Rao invoked its extraordinary power under Article 142 to grant relief to Perarivalan.바카라 웹사이트
What is Article 142?바카라 웹사이트
Article 142 of the Constitution deals with the Supreme Court's power to exercise its jurisdiction and pass order for doing complete justice in any cause or matter pending before it. It provides the apex court with a바카라 웹사이트special and extraordinary power and is meant to provide justice to바카라 웹사이트litigants who have suffered traversed illegality or injustice in course of legal바카라 웹사이트proceedings.
As per the Constitution, Article 142(1) states that “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, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
Why was바카라 웹사이트Article 142 included in the Constitution?
While the makers of the Constitution of India ensured separation of powers of the legislative, executive and judiciary, Article 142 was envisaged to allow the Supreme Court the opportunity to provide 'complete justice' to even those who may have been wrongly sentenced바카라 웹사이트or denied justice due to the intricacies or inefficacies바카라 웹사이트of the legal justice system. It was believed that a바카라 웹사이트disadvantaged judiciary could be the cause for many not being able to get justice or achieve their rights. With Article 142, the Supreme Court has been likened to an entity of 'Natural Law' which theoretically prevails바카라 웹사이트over laws of the land. The article was meant to empower the apex court to deliver justice in exceptional cases without being hindered by legal or bureaucratic red tape.
Significant cases where Article 142 was invoked
Babri Masjid Case
The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the바카라 웹사이트handover of the바카라 웹사이트disputed land to a trust to be formed by the union government. The SC put바카라 웹사이트aside the judgement of the Allahabad High Court and, being the final arbiter,바카라 웹사이트refused to make two divisions of the 2.77 acres바카라 웹사이트of contested바카라 웹사이트land, all of which was handed to the temple trust.
Article 142 had바카라 웹사이트also been바카라 웹사이트invoked to transfer the criminal trials of바카라 웹사이트BJP leaders바카라 웹사이트Murli Manohar Joshi and LK Advani from Rae Bareli to Lucknow in relation the Babri demolition case.바카라 웹사이트
Bhopal Gas Tragedy
The Supreme Court invoked its plenary powers in the Union Carbide vs Union Govt case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy. The toxic gas leak, which was caused due to an accident in the Union Carbine Corporation factory in Bhopal, Madhya Pradesh, killed at least 4,000 and caused generational physical and mental disorders among lakhs of survivors in 1984.바카라 웹사이트바카라 웹사이트ordering the compensation, the court put itself above the Parliament.바카라 웹사이트
Other significant instances바카라 웹사이트
Apart from these significant verdicts, the SC has also used powers vested in it by Article 142 to justify바카라 웹사이트divorce due to the breakdown of marriage in the Munish Kakkar vs Nidhi Kakkar case. With a view to reducing drunk driving, it바카라 웹사이트invoked the Article바카라 웹사이트to order a ban on the sale of alcohol within a distance of 500 metres of national or바카라 웹사이트state highways. In fact,바카라 웹사이트바카라 웹사이트the SC has even used Article 142 to order a probe into the 2013 IPL match-fixing바카라 웹사이트controversy.바카라 웹사이트In the Laxmi Devi vs Satya Narayan case, the SC used Article 142 to order the man who had intercourse with a woman on the pretext of marriage and did not fulfil it to offer her compensation for the crime. However, in doing so, the SC cleared him of rape charges.바카라 웹사이트
Need for rational justification
Critics have claimed that the Article gives courts and judges immense power. But while the Article itself does not have any inherent "safety valve" that can ensure its correct and just usage, it is intended to to be used only in cases that cannot or have not been tackled efficiently with existing legal and policy provisions of the nation. Over the years, the judiciary has relied heavily on the provision as a tool for judicial activism and judicial innovation. According to academics like, Ninad Laud, it has become a new source of substantive power. In the 2021 paper, 'Rationalising 'Complete Justice' Under Section 142, Laud focuses on the two ways the SC uses Article 142 - to grant relief and to fill what it perceives as gaps in the legislative set up of the country. Through the analysis, the paper posits the obligation of바카라 웹사이트courts to provide "rational justification바카라 웹사이트for its directions aimed at doing “complete justice",".바카라 웹사이트
