The Madras High Court Wednesday declined to direct Tamil Nadu Governor K Rosaiah to consider Rajiv Gandhi assassination case convict Nalini’s plea for premature release. It said the home secretary could consider her representation, subject to outcome of the Supreme Court judgment in the matter.
Justice M Sathyanarayanan said “there cannot be such a kind of direction (to the Governor)” as it would amount to directing the Governor to perform his constitutional function in a particular manner.
In February 2014, Nalini, had approached the High Court for a premature release, citing that she had spent a quarter of a century in jail though the legal requirement for a premature release was 20 years. However, the Tamil Nadu government told the court that it was yet to decide on her plea as the matter was pending before the Supreme Court. It had added that the Centre had not replied to state’s requests for its view on releasing all seven convicts. “In the light of the fact that the investigation is conducted by the CBI, coupled with the order of the Supreme Court, this court for the present cannot direct the state government to consider the representation of the petitioner,” the court said.