CHENNAI : A division bench of the Madras High Court has reserved its orders on the maintainability of a petition from S Nalini, one of the seven accused, in former Prime Minister Rajiv Gandhi assassination case, praying for a direction to the State Governor, to positively sign the files relating to the premature release of all the accused in the case.
The State cabinet had, on September 9, 2018, forwarded its recommendations for the premature release of the seven accused. When the matter came up today, Nalini’s counsel filed written arguments. On his part, Advocate-General Vijay Narayan told Justices R Subbiah and C Saravanan, that the Governor enjoys immunity under Article 361(1) of the Constitution and hence, no direction need be given to him. Since the Governor functions on the advice of the Council of Ministers, he is not answerable to the Court.
If he takes any action with regard to the premature release of the accused and the same is challenged in the court, the Governor cannot be made as a party, because he enjoys immunity and his functions are only on the advice of the Council of Ministers.
But, here it is a case where Nalini, the petitioner, challenges the inaction of the part of the Governor, who had allegedly failed to perform his constitutional duty. Now it is more than 10 months from the date of the recommendations of the Council of Ministers. He is yet to take a decision, he added.