Chennai, Aug 29: The Madras High Court on Thursday dismissed a petition filed by S Nalini seeking premature release of all the seven life convicts in the Rajiv Gandhi assassination case as per the recommendations of the Tamil Nadu Cabinet resolution. A Division Bench comprising Justice R Subbiah and Justice C Saravanan dismissed the plea after the state government submitted that it could not insist the Governor to take a decision on the State Cabinet's resolution, recommending the release of seven convicts under Article 161 of the Constitution.
The prosecution submitted that it was the inherent power vested with the Governor under the Constitution to take a decision on the recommendations made by the government and the state could not insist the Governor to take immediate decision on the matter. Nalini, who was granted one month parole, which was extended by three weeks further to make arrangements for her daughter's marriage, in her plea contended that the state cabinet had on September 9, 2018 adopted a resolution recommending the release of the seven convicts and forwarded the same to the Governor. However, it was more than ten months the Governor had not taken any decision and sought a direction for their premature release.UNI