“It appears that an issue has been indicated in a previous order as to whether the present petition would be maintainable. Such aspect has to be decided first before the merits of the matter are addressed. Let the matters appear a fortnight hence,” the High Court held.

The judges have also directed the petitioner to submit their writ petition with relevant documents to the state government pleader P Muthukumar.

Nalini’s counsel M Radhakrishnan submitted that even as the council of ministers advised the Governor on September 9, 2018, recommending Nalini and six others’ release, the Governor has not acted in accordance with the said advice by the Cabinet of the state.

“Governor of the state has to act as per the aid and advice of the council of ministers. The failure of the Governor to act in accordance with the advice recommending her release from the prison is, therefore, mala fide and violative of Article 14 of the Constitution,” the petitioner mentioned.