Madras HC Directs Tamil Nadu Govt To Respond To Rajiv Gandhi Assassination Convict’s Petition

Nalini in her petition requested the court to declare the Governor’s failure to give approval to release her by acting upon the state cabinet’s recommendation on September 9, 2018 as unconstitutional.

Madras High Court

Chennai: The Madras High Court on Friday directed the Tamil Nadu government to respond to the Rajiv Gandhi assassination convict S Nalini’s writ petition seeking the intervention of the court to release her without Governor’s approval. 

According to a report in IANS, Nalini in her petition requested the court to declare the Governor’s failure to give approval to release her by acting upon the state cabinet’s recommendation on September 9, 2018 as unconstitutional. She urged the court to direct the state government to release her without waiting for the Governor’s approval. 

Advocate M Radhakrishnan who appeared for the petitioner, argued that the Governor is bound to act as per the directions of the state cabinet and not vice versa, as per the report.

The report said that the first bench of the court including Chief Justice Sanjib Banerjee and Justice PD Audikesavalu directed the Tamil Nadu government to file a counter-affidavit after the Dusshera holidays. 

Nalini in her petition said that she was initially awarded death sentence in 1998 by the trial court and the death penalty was confirmed by the Supreme court in 1999. Then the death sentence was commuted to life sentence under Article 161 which gives power to the Governor to suspend, remit or commute sentences, in 2000, according to the report. 

Pointing out that about 3,800 convicts who served ten-years of imprisonment, were released under Article 161 for their good conduct, Nalini, as per the report, said that even though she became eligible for premature release in 2001 itself, she was not released as the prosecution had then contended that her case was being investigated by CBI. 

Quoting the petition, the report said that even though the state cabinet had recommended to release her in 2018, the Governor was yet to take a final decision in the matter.