In a legal setback for Rajiv Gandhi assassin, Madras High Court on Thursday has denied to direct the governor to take a decision on the state govt's resolution to release the 7 assassination life convicts who are in the jail for over 28 years under humanitarian grounds.
The Madras high court bench comprising justice R Subbiah and Justice C Saravanan dismissed the plea as it is not maintainable seeking direction to the governor to accept the state government's recommendation for their premature release.
The Madras HC in the order has referred article 361 which makes the president and governor immune to the court.
"As per Art.361 Constitution of India, it has been stated that the President or Governor of a State shall not be answerable to any Court for the exercise and performance of the powers and duties of the Office or for any act done or purported to be done by him in the exercise and performance of those powers and duties," said the Court.
Rajiv Gandhi assassination convict, Nalini Sriharan, a few weeks ago, had approached the Madras high court, seeking the court to direct the governor of Tamilnadu Banwarilal Purohit to take a decision on the recommendations made by the state government in the year 2018 September.
The state cabinet took a resolution and sent recommendations to the governor of Tamilnadu to release the 7 assassination life convicts who are in the jail for over 28 years under humanitarian grounds by exercising article 161 which is the special power given to the governor. Its been over 8 months and the governor hasn't taken any decision on the recommendations of the state government.
Meanwhile, Perarivalan who is another convict in the assassination case also filed an RTI response from the governor for which they didn't get any response. Last week, the chief minister clarified that the state government cannot insist the governor to make a decision soon as the recommendations were already sent by the state government last year.