Kept under illegal detention since 2018: Nalini tells court

Nalini, in her habeas corpus plea, contended that the Tamil Nadu Cabinet on September 9, 2018 had recommended to the Governor to release all seven convicts in the case. As per the advice, which is binding on the Governor, she ought to have been released from prison on September 10, 2018 itself. However, as she has not yet been released despite the advice of the Council of Ministers under Article 161 of the Constitution of India, her detention in prison from September 10, 2018 is illegal, Nalini said.

Further, citing the Supreme Court judgement in Maru Ram’s case wherein it was held that the advice of the appropriate government binds the Head of the State, Nalini in her plea said, “The Tamil Nadu Governor has no discretion but to act on the advice of the Council of Ministers. But as the Governor has not acted on the advice given by the Cabinet, she (Nalini) has not been released from prison. Hence, her continuous detention in prison is illegal and violative of Articles 14 and 21 of the Constitution of India.”

Based on this, she sought the court to direct the Home Secretary and the Superintendent of Prison, Special Prison for Women, Vellore to produce her before the court and set her atliberty forthwith.

Nalini had also noted in her plea that her earlier petition seeking the Tamil Nadu government to implement the decision of the Council of Ministers as well as another plea seeking for a writ of mandamus directing the Governor to countersign the advice of the council were dismissed. However, after her death sentence was commuted to life on April 24, 2000, around 3,800 life convicts who had served ten years of imprisonment and less were released by the Governor of Tamil Nadu on the ground of good conduct in prison, Nalini said.