Centre impleading in HCP case by convict Nalini draws objection

Nalini had sought to declare her detention as illegal since the Governor had failed to act upon the recommendation of the State Cabinet to release the seven convicts in the case.

In the hearing that transpired before a division bench comprising Justices R Subbiah and R Pongiyappan on Tuesday, Nalini’s counsel M Radhakrishnan raised objection to the bench impleading the Union Home Ministry in the case. He argued that Nalini is under detention of the Government of Tamil Nadu and that the Central government cannot be permitted to justify the detention. If the Centre is, however, permitted to do so, it will amount to cutting at the root of federalism which is a basic feature of our Constitution, Nalini’s counsel said. He also submitted that once the court orders notice on an HCP and once the State appears through their counsel, no further adjournment can be granted to the State, as he added that Nalini was under unjustified detention daily.

Also, as per the recent judgment of the Supreme Court, the High Court can release Nalini once it is satisfied that she is under unjustified detention, Radhakrishnan argued.

The bench during the earlier hearing had impleaded the Union Home Ministry based on the Home Ministry’s rejection order produced by Additional Solicitor General G Rajagopal. The Home Ministry had stated thus: “The case involves the assassination of a former Prime Minister of the country who was brutally killed in pursuance of a diabolical plot carefully conceived and executed by a highly organised foreign terrorist outfit.”

“Sixteen innocent lives were lost and many sustained grievous injuries in the gruesome, inhuman, uncivilised and merciless bomb blast which was successfully enacted with active help and participation of these convicts and others who were LTTE militants or its staunch supporters,” the report further said.

The plea has been posted to February 7 for further hearing.