Nalini moves Madras HC again, wants to be released without Governor’s consent

On Friday, the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu, before which the petition came up for hearing, ordered notice to the authorities concerned returnable by October 12.

Nalini Sriharan, a life convict in the assassination of former Prime Minister Rajiv Gandhi, has once again moved the Madras High Court, seeking to declare as “unconstitutional” the failure on the part of the Tamil Nadu Governor to act on the state government’s earlier recommendation for the release of all seven persons involved and to order her release without the Governor’s consent.

The K Palaniswami-led AIADMK government had in September 2018, recommended to then Governor Banwarilal Purohit the release of all the seven persons–Murugan, Santhan, AG Perarivalan, Ravichandran, Jayakumar, Robert Payas and Nalini–convicted and undergoing life imprisonment in connection with the assassination of Gandhi during an election rally at nearby Sriperumbudur in May 1991.

Sriharan had earlier also moved the court on the matter.

live

On Friday, the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu, before which the petition came up for hearing, ordered notice to the authorities concerned returnable by October 12.

Among other things, Sriharan submitted the Supreme Court had held that the decision of a State is binding on the Governor as per Article 161 of the Constitution. But the Tamil Nadu Governor had failed to act on the decision of the state cabinet taken on September 9, 2018.

It would amount to committing contempt of the proceedings of the apex court, she contended and prayed the court to order her release without the Governor’s nod.

Source: Read Full Article