CHENNAI: Continuing her long legal battle to find an end to decades of incarceration, Nalini, one of the life convicts of Rajiv Gandhi assassination case, has approached the Madras High Court with a fresh plea to order her release without the Governor’s consent. She also sought to declare the Governor’s failure in releasing her as unconstitutional.
The First Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu ordered a notice to the State government instructing it to file a counter-affidavit to a plea by Nalini when the matter comes up a fortnight after the Pooja holidays. The court posted the matter to November 12.
The petition, filed through her advocate P Pugalenthi, noted the Supreme Court, in Maru Ram Vs Union of India case, had held that the advice of the State government under Article 161 of Constitution binds the Head of State. Despite the Tamil Nadu Cabinet advising the Governor under Article 161 through a decision taken on September 9, 2018, to release convicts in the case, the Governor had not acted upon it.
“Failure of the Tamil Nadu Governor would amount to contempt of Supreme Court,” the petition stated. Since 20 similarly placed life convicts were released by the Governor after the said Cabinet decision, his failure to release the petitioner is ‘malafide’, and ‘violative’ of Article 14 of the Constitution, it further noted.
“It is prayed that the Court declaring that the failure of the Governor of Tamil Nadu to act in accordance with the advice of the Council of Ministers of Tamil Nadu under Article 161 of the Constitution recommending release of the petitioner from prison is unconstitutional and consequently direct respondent one (TN govt) to release the petitioner immediately without the approval of the Governor,” she said. It may be noted that Nalini and husband Murugan were arrested days after the former PM’s assassination at Sriperumbudur on May 21, 1991, during an election campaign.