Rajiv Gandhi Assassination Case : Supreme Court Issues Notice To Centre, TN Govt On Plea By Nalini & Ravichandran For Premature Release
Live LawThe Supreme Court on Monday issued notice on the special leave petitions filed by Rajiv Gandhi assassination convicts Nalini Srihar and R.P. The petitioners then moved the Madras High Court for a sanction of their release, relying on the Supreme Court's decision earlier this year to invoke its extraordinary powers under Article 142 and release another convict, A.G. Perarivalan. But a Division Bench of the High Court rejected the petitions filed by Nalini and Ravichandran, observing that the High Court did not have special powers enjoyed by the Supreme Court under Article 142. The aforesaid goes to the root of the case to hold that without the signature of the Governor to authorise the resolution, this court cannot pass an order directing the State Government to release the accused, otherwise the direction therein would not only offend Article 161 of the Constitution of India, but also Article 163 of the Constitution of India."