Supreme Court (Photo | EPS)
Supreme Court (Photo | EPS)

SC order will help six other convicts, says Nalini’s counsel

While the order under Article 142 of the Constitution may not be binding on high courts, it may be considered a precedent, the advocate said.

CHENNAI: The Supreme Court order is likely to help the six other convicts in the Rajiv Gandhi’s assassination case in three aspects, says Nalini’s counsel M Radhakrishnan. V Sriharan alias Murugan, T Suthendraraja alias Santhan, Jayakumar, Robert Payas, P Ravichandaran, and Nalini are the six others convicts in the assassination case.

“First, the Supreme Court passed the order mainly on the ground that the Governor has no explanation for the inordinate delay in acting on the advice of the council of ministers. Second, the Governor ought not to have sent the papers to the President. So, this act of the Governor is unconstitutional. Thirdly, the long incarceration. That’s because, ordinarily, life convicts will be released after 20 years,” said Radhakrishnan.

While the order under Article 142 of the Constitution may not be binding on high courts, it may be considered a precedent, the advocate said. “So, the advice of the council of ministers is identical to all the seven life convicts. If the cases of all the convicts were before the SC, they would have been released today. Not releasing all seven convicts is a big disappointment. I also expected the SC to fix a time limit for the Governor to act on the advice of the council of ministers,” said Radhakrishnan.

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