Nalini seeks action on Guv for delaying decision on recommendation for release

A division bench comprising Justice N Kirubakaran and Justice R Hemalatha before whom plea came up has directed the counsel M Radhakrishnan for Nalini to submit all the details from the date of her arrest to date of government’s recommendation to release her. Nalini submitted that the State cabinet had advised the Governor under Article 161 of the Constitution recommending her release from prison on September 9, 2018. “The failure of the Governor to act in accordance with the said advice recommending the release is in violation of Article 14 of the Constitution,” read the petition.

Citing the Supreme Court judgement in Maru Ram’s case that the Governor is bound by the advice of state government, whether he likes it or not, Nalini contended that she deserved to be released under Article 161 of Constitution without the approval of the Governor.

She added the Governor has failed to preserve, protect and defend the constitution and has thereby violated his oath or affirmation made and subscribed by him before entering upon his office. Noting that Governor had acted on advice from the state government and released 20 similarly placed life convicts from prison, Nalini said that she was the longest-serving woman convict in the country and she deserved to be released from Special Prison for Women in Vellore. Recording the submissions, the division bench adjourned case to April 7.