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Madras High Court dismisses petition by Nalini

Nalini

The petition by Nalini, a life convict in the Rajiv Gandhi assassination case, seeking premature release based on a Tamil Nadu cabinet decision was dismissed by Madras High Court.

Supreme Court said: “The state governor's consent was mandatory to give effect to it. Under Article 161 of the Constitution of India, the Governor is bound by the advice of the Council of Ministers, but yet, it is obligatory that the signature of the Governor is mandatory to authorise the pardon, commutation or release. The mere advice tendered by the Council of Ministers will not entitle the petitioner to get released prematurely unless it was accepted or signed by the Governor.

The fundamental right or personal liberty guaranteed under Article 14 or 21 of the Constitution has not been infringed.

Therefore, we are of the view that the Habeas Corpus Petition itself is not maintainable."

Nalini had filed a habeas corpus petition contending that since the Tamil Nadu Governor had failed to order her release based on the September 9, 2018 recommendation of the state cabinet, she was in illegal detention.

Bench comprised Justices R Subbaiah and Pongiappan.

 

 

 

 

 

 

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