Ascertain date on which Governor sent files of Rajiv Gandhi case convicts to President: HC

Chennai: The Madras High Court on Thursday directed the Tamil Nadu government to ascertain the date on which the files in connection with the State Cabinet's resolution seeking the release of all the seven convicts in former prime minister Rajiv Gandhi's assassination case were forwarded by the Governor to the President of India.

The first bench comprising Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy passed the direction on hearing a petition filed by S Nalini, one of the convicts in the case. The petitioner sought a direction to release her on the basis of the State Cabinet's recommendation and without waiting for the nod of the Governor.

Since the judges asked whether all the files of the convicts have been forwarded by the Governor or Perarivalan's files only were referred to the President.

Responding to the CJ, Advocate General R Shunmugasundaram submitted that on the basis of the Cabinet resolution, the Governor had forwarded the files of all the seven convicts to the President.

On recording the submissions, the bench asked the State to find out when the Governor had forwarded the files of Rajiv Gandhi assassination case convicts.

Meanwhile, M Radhakrishnan, counsel for the Nalini submitted that as per the constitution, the Governor should act with the aid and advice of the council of ministers.

"As the State Cabinet passed a resolution in favour of the release of all the seven convicts in 2018, the governor should act upon the resolution. The Governor has no authority to forward the files to the President," Radhakrishnan noted.

When the matter was taken up on Thursday, CJ MN Bhandari asked how the High Court could order the release of the life-term convict while the matter is pending before the Governor.

The matter was adjourned by a week.