HC refuses to free 2 Rajiv Gandhi assassination case convicts without governor’s nod | India News

CHENNAI: A month after the Supreme Court ordered the release of Rajiv Gandhi assassination case life convict AG Perarivalan, the Madras high court on Friday refused a similar relief to two of his co-convicts and lifers Nalini Sriharan and RP Ravichandran.
“Mere recommendation of the council of ministers would not mean that the government is competent to release the accused without its authorisation by the governor,” the first bench of chief justice Munishwar Nath Bhandari and Justice N Mala said.
“If such an argument is accepted, then virtually the court would be declaring Article 161 of the Constitution redundant qua the power of the governor,” the bench said. Even in Perarivalan’s case, the SC ordered the release of the convict and it did not say that the HC can pass such a direction without the signature of the governor. The release was ordered by the top court invoking its power under Article 142 of the Constitution, the bench said, adding: “No such power exists with the HC.”
Though Ravichandran’s plea was rejected on such grounds, the court dismissed Nalini’s plea as not maintainable since the issue was already decided by a coordinate bench of the court in a habeas corpus petition moved by her with a similar prayer.
The judges said that a writ petition would not be maintainable on the same subject and to consider the same issue.