CHENNAI: Nalini Sriharan, one of the seven prime accused in the former Prime Minister Rajiv Gandhi assassination case and serving life sentence at the special prison for women in Vellore, has moved the Madras High Court again with a fresh petition, seeking a direction to the State government to implement its decision taken on September 9, 2018, to release all the accused from the case.
A division bench of Justices R Subbiah and Krishnan Ramasamy, before which it came up today, adjourned the same to April 30 for further hearing.
According to Nalini, as per Article 161 of the Constitution, all the seven accused, who had completed 20 years in prison, were entitled to premature release on humanitarian grounds. A GO was also passed on November 10, 1994, in this connection and many life convicts, who had completed 20 years of actual imprisonment, were and are also being released by the State government on this ground.
The State cabinet had also resolved on September 9, 2018, to release all the seven and forwarded a representation to the Governor to order their release. Since the advice of the State is binding on the Governor, all the seven accused ought to have been released long ago.
The advice of the council of Ministers of the State remains unimplemented by the Governor for the past six months. She also had made representations to the appropriate authorities, including the Chief Minister, on February 13 and 23 this year. But there was nothing forthcoming, she contended.