Chennai, July 18 : The Madras High Court on Thursday dismissed as not maintainable, a petition filed by Nalini Sriharan, one of the seven life convicts in the Rajiv Gandhi assassination case, seeking a direction to the Governor to release them as per the State Cabinet recommendation.
By dismissing her plea as not maintainable, a Division Bench of Justice R Subbiah and Justice Krishnan Ramasamy upheld the immunity enjoyed by a state Governor against judicial directions. In her plea, Nalini contended that the September nine, 2018 State Cabinet resolution, recommending the release of the seven convicts under Article 161 of the Constitution, was binding on the Governor to accept it.
However, the State government contended that the Governor enjoys unqualified immunity under Article 361(1) of the Constitution and hence no direction could be given to the Governor. Since the Governor functions on the advice of the Council of Ministers, he was not answerable to the court and only the State was answerable.
The Court had on Friday last reserved the orders after hearing arguments from both sides. On July 5, the High Court had granted one month parole to Nalini after she argued her case in person seeking six month's Ordinary leave to make arrangements for her daughter's marriage. (UNI)