Centre tells HC TN resolution to free Rajiv convict has no effect without guv order
TIMES NEWS NETWORK
Chennai:21.02.2020
The central government on Thursday told the Madras high court that the resolution passed by the Tamil Nadu government to release Rajiv Gandhi assassination life convict Nalini Sriharan has zero effect without the governor's order.
Additional solicitor general G Rajagopal made the submission when the habeas corpus plea filed by Nalini came up for hearing.
Behind the bars for more than 27 years, Nalini is the longest serving woman prisoner in the country.
In her plea, Nalini sought to declare her detention illegal since the governor failed to order her release based on the recommendation of the state cabinet dated September 9, 2018.
The central government submitted that it informed the Tamil Nadu governor that it is not inclined to release of the Rajiv Gandhi assassination convicts.
When the petition came up on Thursday, Nalini’s counsel argued that the council of ministers had advised the Governor as early as September 2018 to release Nalini under Article 161 of the Constitution, by which the governor can issue clemency.
The additional solicitor general argued that the resolution passed by the council of ministers was sent to the governor and only the governor has the powers to pass it as an order, until when the resolution will hold ‘zero effect’ Recording the submissions, a division bench of Justice R Subbiah and Justice R Pongiappan reserved orders on the plea after hearing submissions from the state government and the centre.
Last week, the state government had clarified to the Madras high court that it had only recommended the release of all seven life convicts in former Prime Minister Rajiv Gandhi’s assassination as it lacks power to order such release.
“The state cabinet has only made a recommendation to the governor.
The governor has to take a decision. He cannot be questioned by the state for not acting on its recommendation,” public prosecutor A Natarajan had said.
TIMES NEWS NETWORK
Chennai:21.02.2020
The central government on Thursday told the Madras high court that the resolution passed by the Tamil Nadu government to release Rajiv Gandhi assassination life convict Nalini Sriharan has zero effect without the governor's order.
Additional solicitor general G Rajagopal made the submission when the habeas corpus plea filed by Nalini came up for hearing.
Behind the bars for more than 27 years, Nalini is the longest serving woman prisoner in the country.
In her plea, Nalini sought to declare her detention illegal since the governor failed to order her release based on the recommendation of the state cabinet dated September 9, 2018.
The central government submitted that it informed the Tamil Nadu governor that it is not inclined to release of the Rajiv Gandhi assassination convicts.
When the petition came up on Thursday, Nalini’s counsel argued that the council of ministers had advised the Governor as early as September 2018 to release Nalini under Article 161 of the Constitution, by which the governor can issue clemency.
The additional solicitor general argued that the resolution passed by the council of ministers was sent to the governor and only the governor has the powers to pass it as an order, until when the resolution will hold ‘zero effect’ Recording the submissions, a division bench of Justice R Subbiah and Justice R Pongiappan reserved orders on the plea after hearing submissions from the state government and the centre.
Last week, the state government had clarified to the Madras high court that it had only recommended the release of all seven life convicts in former Prime Minister Rajiv Gandhi’s assassination as it lacks power to order such release.
“The state cabinet has only made a recommendation to the governor.
The governor has to take a decision. He cannot be questioned by the state for not acting on its recommendation,” public prosecutor A Natarajan had said.
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