HC reserves orders in pleas of Nalini, Ravichandran

CHENNAI: The Madras High Court on Monday reserved orders in the petitions filed by former Prime Minister Rajiv Gandhi assassination case convicts Nalini Sriharan and RP Ravichandran to release them without considering the nod of the Governor.

After marathon hearings, the first bench comprising Chief Justice Munishwar Nath Bhandari and Justice N Mala reserved the orders. The petitioners prayed for a direction to release them citing the recent order of the Supreme Court releasing AG Perarivalan, one of the life term convicts in the case by invoking the powers conferred with the Apex Court under Article 142 of the Constitution.

The CJ observed that if the convicts want relief on the grounds of the Supreme Court order, they should approach the SC only and not the HC.

Responding to the CJ, M Radhakrishnan, counsel for Nalini submitted that he does not pray for his client’s release as per the Apex Court order but as per the decision of the SC in the case of Maru Ram Vs Union of India.

“The cabinet had passed a resolution on September 9, 2018, recommending the release of all the seven convicts. However, the Governor kept the files with him for more than two years and forwarded the same to the president in January 2021 which is against the constitution. Therefore, Nalini shall be released as per the rulings of the SC in the Maru Ram case without the nod of the Governor, ” the advocate submitted.

When Radhakrishnan stated that the HC shall take a call with its powers conferred under Article 226 of the constitution, CJ MN Bhandari rejected such argument observing that the question invoking Article 226 is out of context in this case.

R Shunmugasundaram, Advocate General submitted that the Madras HC shall take a decision in this matter as already the Supreme Court had pointed out the roles and responsibilities of the governor.

“The SC had made it clear that the governor’s consent is essential for releasing the life-term convicts in this case, ” the AG noted.

On recording these submissions, the bench reserved the orders without mentioning any date.

It is also noted that another division bench of Justice S Vaidyanathan and Justice AD Jagadish Chandira dismissed a habeas corpus plea by Nalini for the release of her husband Murugan aka Sriharan who is also a life-term convict in the assassination case. Public Prosecutor Hasan Mohammed Jinnah submitted that the petitioner’s representation seeking emergency leave for her husband was rejected since he was involved in some unlawful activities in the prison. He further noted that the petitioner shall approach the DGP, prisons department for relief. Therefore, Nalini's counsel informed that he is withdrawing the plea and the court dismissed the petition as withdrawn.

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