Governor’s signature not necessary for my release, Nalini tells High Court
14/02/2020, LEGAL CORRESPONDENT,CHENNAI
S. Nalini, 52, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case, has contended before the Madras High Court that the signature of the Governor was not mandatory for releasing them and that the advice given by the council of Ministers to him on September 9, 2018, was sufficient to let them out of prison.
Arguing her habeas corpus petition before Justices R. Subbiah and R. Pongiappan, petitioner’s counsel M. Radhakrishnan recalled that a five-judge Constitution Bench of the Supreme Court in the famous Maru Ramu’s case (1980) had held that consent of the Governor was just a “constitutional courtesy” and nothing more.
Further, referring to the Supreme Court’s recent insistence that the Governor could not sit over mercy pleas for long and that a decision must be taken within a reasonable time, counsel argued that Nalini’s detention since September 10, 2018, should be considered illegal. The judges directed State Public Prosecutor A. Natarajan to get instructions from the Home Department by February 18 on points canvassed by the petitioner’s counsel and make submissions on the plea that her detention after September 9, 2018, should necessarily be considered as illegal.
14/02/2020, LEGAL CORRESPONDENT,CHENNAI
S. Nalini, 52, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case, has contended before the Madras High Court that the signature of the Governor was not mandatory for releasing them and that the advice given by the council of Ministers to him on September 9, 2018, was sufficient to let them out of prison.
Arguing her habeas corpus petition before Justices R. Subbiah and R. Pongiappan, petitioner’s counsel M. Radhakrishnan recalled that a five-judge Constitution Bench of the Supreme Court in the famous Maru Ramu’s case (1980) had held that consent of the Governor was just a “constitutional courtesy” and nothing more.
Further, referring to the Supreme Court’s recent insistence that the Governor could not sit over mercy pleas for long and that a decision must be taken within a reasonable time, counsel argued that Nalini’s detention since September 10, 2018, should be considered illegal. The judges directed State Public Prosecutor A. Natarajan to get instructions from the Home Department by February 18 on points canvassed by the petitioner’s counsel and make submissions on the plea that her detention after September 9, 2018, should necessarily be considered as illegal.
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