Rajiv Gandhi assassination convict Nalini moves Madras HC seeks release without Governor's approval
CHENNAI: In a fresh litigation, Nalini Sriharan, life convict in the Rajiv Gandhi assassination case, has moved the Madras High Court seeking a direction to the Tamil Nadu government to release her without waiting for the approval of state governor.
In her petition, which is likely to be taken up for hearing on Monday, she also pleaded the court to declare as unconstitutional the 'failure' of the governor to release her as recommended by the state cabinet.
The petitioner submitted the state cabinet passed a resolution on September 9, 2018 requesting the governor to release of all seven convicts, including her.
She contended that as per the Supreme Court order in Maru Ram case, the cabinet advice will be binding on the governor and hence the 'failure' to act on the recommendation would amount to contempt.
The fresh plea comes days after the high court reserved orders on a petition by Nalini seeking to declare her detention as illegal.
The Centre had then taken the stand that the convicts cannot be set free without its consent.
Besides Nalini, her husband Murugan, A G Perarivalan, Santhan, Jayakumar, Ravichandran and Robert Pyas are serving life imprisonment for their role in the assassination of former prime minister Rajiv Gandhi on May 21, 1991 by an LTTE suicide bomber at nearby Sriperumbudur.
They were initially sentenced to death, but later it was commuted to life imprisonment.