Rajiv Gandhi assassination case: Cabinet advice binding on TN Governor, says convict Nalini

Nalini, a convict in the Rajiv Gandhi assassination case, argued that the recommendation made by state cabinet is binding on the Governor. The state cabinet recommended the release of Nalini and other convicts in 2018, but the file is pending with the Governor.

Rajiv Gandhi assassination case convict S Nalini's petition seeking her release on bail was heard by the Madras High Court on Thursday. Nalini's counsel argued that the recommendation of state cabinet is binding on the Governor.

In 2018, the state cabinet recommended the release of Nalini and her fellow convicts but the file is pending with the Governor. The counsel asked the court as to how the Governor kept the file pending for 42 months.

READ | Rajiv Gandhi assassination: SC grants bail to convict AG Perarivalan

The first bench, led by Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy, meanwhile asked the counsel to read Section 161 CrPC. The court said that Section 161 CrPC does not give any such power to council of ministers to make recommendations to the Governor.

Radhakrishnan then sought the judgment of the Supreme Court in Maru Ram vs Union of India, a case in which the apex court held that once there is advice by the council of ministers, the Governor cannot act adversely against it.

Following the conclusion of arguments, Madras High Court directed the registry to number the Writ petition which was earlier not numbered and also asked the registry to list the case for further hearing.

In its May 1999 order, the Supreme Court had upheld the death sentence of four convicts -- Perarivalan, Murugan, Santham and Nalini.