Nalini Sriharan, one of the seven convicts in the Rajiv Gandhi assassination case, escorted by police personnel during a health check-up at Government Vellore Medical College and Hospital in Adukkamparai, Vellore.
Highlight
- Nalini Sriharan serving life sentence in Rajiv Gandhi assassination case
- He has moved the Supreme Court seeking his premature release.
- Nalini had challenged the June 17 order of the Madras High Court, which had dismissed her plea for early release.
Nalini Sriharan, who is serving a life sentence in the Rajiv Gandhi assassination case, has approached the Supreme Court seeking her premature release. Nalini has challenged the June 17 order of the Madras High Court, which had dismissed her plea for early release and ordered the release of co-convict AG Perarivalan, citing the apex court’s decision.
The High Court had on June 17 dismissed the petitions of former Prime Minister Rajiv Gandhi assassination convicts Nalini Sriharan and Ravichandran, ordering their release without the concurrence of the state governor. Dismissing their petitions, the High Court had said, “The High Courts do not have the power to do so under Article 226 of the Constitution, whereas the Supreme Court has special power under Article 142.”
Extraordinary Powers of SC
Exercising its extraordinary power under Article 142 of the Constitution, the apex court had on May 18 ordered the release of Perarivalan, who had served a prison sentence of more than 30 years, and said that the Tamil Nadu governor was “binding”. “The advice should not have been sent. by the State Cabinet to the President for his release. The top court had said that the advice of the state cabinet is binding on the governor in matters relating to modification/remission of sentence under Article 161 of the Constitution. Under Article 142, the apex court can issue any judgment or order necessary to deliver “complete justice”.
Rajiv Gandhi assassination
Gandhi was assassinated on the night of May 21, 1991 in Sriperumbudur, Tamil Nadu by a female suicide bomber, identified at an election rally as Dhanu. In its May 1999 order, the top court had upheld the death sentence awarded to the four convicts, Perarivalan, Murugan, Santhan and Nalini. However, in 2014, it commuted Perarivalan’s death sentence to life imprisonment on the basis of an 11-year delay in deciding their mercy petitions along with that of Santhan and Murugan. Nalini’s death sentence was commuted to life imprisonment in 2001 on the grounds that she had a daughter.
(PTI Input)