HC modifies remarks attributing to AG to dismiss Nalini's plea

The state also noted that it was not the contention of the government that Nalini was punished under several sections of IPC apart from Section 302.
Nalini Sriharan
Nalini SriharanFile photo

CHENNAI: The Madras High Court on Wednesday expunged some of its observations recorded in the order dismissing the plea of Nalini Sriharan one of the life-term convicts in the assassination case of former PM Rajiv Gandhi. Nalini wanted to release her based on the state cabinet's resolution dated September 9, 2018, as well as without the nod of the Governor.

The first bench comprising Chief Justice Munishwar Nath Bhandari and N Mala passed the orders to modify their order dated June 17 on hearing a plea by the State Home Department.

The State wanted certain portions attributed to the AG in the order to be removed.

R Shunmugasundaram, Advocate General, filed an affidavit in this regard on behalf of the additional Chief Secretary.

"In the order, it has been recorded as if the State government contended that the state's recommendation for the release of Nalini and others was rightfully forwarded to the President of India by the Governor. However, the government's contention was clear that the power was vested with the governor to remit the life sentence based on the resolution passed in the cabinet meeting held in 2018," the AG submitted.

The state also noted that it was not the contention of the government that Nalini was punished under several sections of IPC apart from Section 302.

Recording the submissions, the judges ordered to expunge and modify the order dated June 17 as it was requested by the State.

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