NEW DELHI: Convict Nalini Sriharan, has moved the Supreme Court seeking her early release. Currently, she is serving a life sentence in the Rajiv Gandhi assassination case.
In a plea, Nalini Sriharan has challenged the orders of the Madras High Court, which rejected her plea for early release and cited the Supreme Court judgment ordering the release of co-convict AG Perarivalan while seeking to be set free.
The Madras High court rejected her petitions on 17 June, both Nalini and Ravichandran convicted in the former Prime Minister Rajiv Gandhi assassination case, to order their release without even the consent of the state’s governor.
“The high courts do not have the power under Article 226 of the Constitution to do so, unlike the Supreme Court which enjoyed the special power under Article 142,” the High Court had said while rejecting their pleas.
Invoking its extraordinary power under Article 142 of the Constitution, On 18th May, the Supreme Court ordered the release of Perarivalan, who was in jail from last over 30 years, and said the Tamil Nadu Governor ought not to have sent the “binding” advice made by the state cabinet for his release to the President.
The Supreme court had said the advice of the state cabinet is binding on the governor in matters related to commutation/remission of sentences under Article 161 of the Constitution.
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