Guv can decide on release of Rajiv case convicts: Centre

The submission was made before a division bench comprising Justice R Subbiah and Justice R Pongiappan hearing the habeas corpus plea moved by Nalini Sriharan, one of the accused in the case. Nalini had sought to set her free since her detention after the Tamil Nadu Cabinet’s resolve to release her and the other accused is illegal.

It was submitted on behalf of the Central government that the Ministry of Home Affairs has already rejected the proposal of the Tamil Nadu government under Section 453 of the CrPC for the release of the 7 convicts in the case.

“The mercy petition is pending with the Governor of Tamil Nadu. Since, Governor is a constitutional functionary, he has discretion to decide on the petition under the powers conferred upon him by the Constitution of India,” the counter affidavit filed by the MHA said.

However, the contention of Advocate M Radhakrishnan, counsel appearing for Nalini is that the Governor has no discretion and he has to merely act on the advice of the cabinet.

The government of Tamil Nadu had initially proposed to the central government to release the convicts. This was rejected by the Ministry of Home Affairs in April 2018 citing section 453 CrPC wherein the Centre would decide on issues pertaining to a probe by a Central Agency.

Thereafter, the Tamil Nadu government passed an assembly resolution recommending the Governor to take action in the case under Article 161, which provides power to grant pardons and suspend, remit or commute sentences. However, the failure of the Governor to act on the resolution has prompted the present habeas corpus plea by Nalini.

It may be noted that the Central government had suo motu impleaded itself in the case. The bench on recording MHA’s submission posted the plea for further hearing to February 12.