Rajiv Gandhi assassination case: Madras high court refuses to order release of Nalini, Ravichandran
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Rajiv Gandhi assassination case: Madras high court refuses to order release of Nalini, Ravichandran

A high court does not have special powers that the Supreme Court has under Article 142 of the Constitution, the bench said.

The Madras high court on Friday refused to direct the Tamil Nadu government to release Rajiv Gandhi assassination case life convicts S Nalini and Ravichandran without waiting for the assent of the governor.

The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the order while dismissing the pleas moved by Nalini and Ravichandran.

A high court does not have special powers that the Supreme Court has under Article 142 of the Constitution, the bench said.

On May 18, the apex court ordered release of A G Perarivalan - another life convict in the case.

Rajiv Gandhi assassination case: Madras high court refuses to order release of Nalini, Ravichandran
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According to the petitioners, they were justified in seeking such relief as the Supreme Court has categorically held that the governor is bound by the recommendations of the state cabinet in Perarivalan's case.

“We are only seeking a direction to the state government to release us without waiting for the approval of the governor,” they said.

In the findings made on the Perarivalan’s case, the Supreme Court has categorically held that the governor is bound by the decision of the state cabinet, they added.

Representing the state, advocate general R Shunmugasundaram submitted that the apex court while explaining the powers of a governor in the judgement has made it clear that the accord of the governor is a must.

However, the high court has powers to consider the issue, he added.

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