NaliniSriharan, a life convict in the Rajiv Gandhi assassination case, has moved the Madras High Court, alleging illegal detention at Vellore prison from September 10 2018 as the Governor of Tamil Nadu had not acted on the advice of the council of ministers to release her.
The petitioner referred to the Supreme Court judgment in the Maru Rams case (in 1980), in which a constitution bench held that the advice of the state government under Article 161 of the Constitution would be binding on the head of the state.
She contended that as the power under Article 161 (power of the Governor to grant pardons and suspend, remit or commute sentences in certain cases), has already been exercised by Tamil Nadu, the Governor has no discretion, but to act on the Sept 9 2018 advice of the council of ministers.
Earlier this year, Nalini had moved the Court, seeking a direction to Tamil Nadu Governor Banwarilal Purohit to release all the seven convicts as per the decision of the Tamil Nadu government cabinet in 2018, recommending their release under Article 161 of the Constitution.
However, the High Court had dismissed her petition.
Nalini, in her petition on Friday submitted that since she she has not been released as per the advice of the council of ministers, the continuous detention was illegal and violative of Article 14 and 21 of the Constitution.
Nalini and her husband Murugan, besides five other convicts are undergoing life imprisonment in the case related to the assassination of former prime minister Rajiv Gandhi at an election rally in Sriperumbudur near here on May 21, 1991.
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