CHENNAI: Dashing the hopes of Nalini, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case, the Madras High Court on Friday refused to order premature release of her without the consent of the Governor.
A similar petition filed by co-convict S Ravichandran was also dismissed by the court.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala pronounced the orders on the two petitions.
The bench said the High Court does not have the powers to order for premature release of the convicts as done by the Supreme Court exercising powers under Article 142 of the Constitution to release another convict Perarivalan.
Since the High Court had already dismissed a habeas corpus petition of Nalini seeking release from the prison, where she had been languishing for more than three decades, the bench said the present petition too is not sustainable.
Nalini moved the petition seeking premature release without consent of the Governor and declaring the act of Governor failing to act upon the recommendations of Tamil Nadu Cabinet dated Sep. 8, 2018 seeking release of all seven convicts as unconstitutional.
Senior advocate M Radhakrishnan, representing Nalini, contended that what the Governor has done was unconstitutional as he sat on the recommendations of the Cabinet for two years and then forwarded them to the President.
He also quoted a judgment in Maru Ram case where it was held that the convict could be released even without consent of the Governor.
Advocate Samidurai, appearing for Ravichandran, wanted the court to order his release since he has been serving prison term for more than thirty years now.
Advocate General R Shunmugasundaram, representing the State, had maintained that Governor’s stamp of approval was required for the release of the convicts as indicated by the Supreme Court in an order.
Reacting to the verdict, Radhakrishnan said, “We are totally disappointed with the judgment because the High Courts are having more powers than the Supreme Court. Exercising such powers, the High Court should have ordered the release.”
He informed that the Supreme Court would be approached with the plea for releasing Nalini soon.
Nalini is currently under parole and is staying at a private house in Vellore.
Meanwhile, advocate C Kanagaraj, belonging to the Congress party, has said the Madras High Court order has come as a “balm to heal the wounds” caused by the release of Perarivalan.