Nalini to file fresh plea before High Court for her release

CHENNAI: After the Supreme Court ordered the release of AG Perarivalan, who was under incarceration for the past 31 years in the assassination case of former Prime Minister Rajiv Gandhi, Nalini Sriharan, one among the seven life-term convicts is all set to file a fresh plea before the Madras HC seeking her premature release.

Speaking to DT Next, M Radhakrishnan, counsel for Nalini said that they would seek the Madras HC to pass an order to release Nalini without considering the nod of the Governor as per the order of SC in Perarivalan case.

“The state government had passed the resolution in favour of the release of all the seven convicts. The same was sent to the Governor in 2018, but the Governor did not take a call as per Article 161. He further forwarded the resolution to the President which is against the Constitution. Citing the indefinite delay caused by the Governor, the SC had ordered the release of Perarivalan with its power conferred under Article 142 of the Constitution. Therefore, we are planning to file a fresh plea before the HC seeking the release of our client in line with the order of the apex court,” Radhakrishnan said.

While the SC granted bail to Perarivalan last month, Nalini also approached the HC stating that the court has granted the parole to Perarivalan on the ground that he had spent around 31 years in prison. However, Chief Justice Munishwar Nath Bhandari observed that not all the directions of the SC would bind the High Courts.

Reacting to that observation, Nalini’s lawyer said it was merely an oral observation and he will seek the Madras HC to direct the state to release Nalini as per the powers conferred with the court under Article 226 of the Constitution.

“The SC rejected the contention of the Union government that it has the powers to decide on the matters related to Section 302. The SC judges also held that it is the executive power of the state that extends with respect to Section 302, assuming that the subject matter of Section 302 is covered by Entry 1 of List III in the Constitution. Hence, we would ask the HC to grant a direction for the premature release of Nalini as per the rulings of the SC in Perarivalan’s case as there is no parallel power in this matter and the state is authorised to decide,” Radhakrishnan noted.

Advocate PVS Giridhar said that the SC exercised its power under Article 142 and the HC also has such powers. “If other convicts in the case are approaching the HC, it may take a call under Article 226 which is to protect Article 21 of the Constitution to ensure the personal right and liberty,” Giridhar told this newspaper.

He pointed out that since the SC held that the act of the Governor forwarding the state’s recommendation to the President illegal, the HC, with its special powers conferred under Article 226, shall pass a direction to revert the documents back to the Governor for him to take a call.

“Meanwhile, in the interest of protecting Article 21, the convicts can be set at the liberty in the interim while the Governor is making a decision,” the advocate added.