Nalini's claim of illegal detention: Madras HC serves notice to the government!

Days after one of the long term inmates convicted with Rajiv Gandhi assassination case Nalini Murugan had approached the Madras High court by claiming that she has been lodged under illegal detention in Vellore prison, the state's top judicial body has, on Friday, issued notice to the state government of Tamil Nadu to seek its response to the petition of the inmate.

Nalini Sriharan has cited that she has been under illegal detention since September 10th, 2018 at the Vellore prison. Through her petition, she alleged that Governor of Tamil Nadu Banwarilal Purohit has been violating to act on the recommendation of the state council of ministers which had recommended the governor to acquit her and the rest of the inmates from the prison.

(L-R) Former Prime Minister Rajiv Gandhi and Nalini - File photo


Her petition carries the verdict of the Supreme court on the case of Maru Ram vs Union of India in which the constitutional bench of the apex court has upheld article 161 under which the advice and the recommendation of the state government would be constraining the governor. She stated that as per the article, the state council of the ministers had recommended the governor to grant amnesty for the inmates and asserted that the governor can't act independently by having the discretion on the recommendation that was tabled by the council on September 9th, 2018.

 Banwarilal Purohit, Governor of Tamil Nadu - File photo


This is her second petition in the Madras High court as earlier this year, she tabled the plea before the state's top judicial body to seek the directive from the court to order the Governor to acquit the convicts with accord to the advice of the Tamil Nadu cabinet in 2018 but her petition was eventually dismissed by the High court where the court had stated that it won't hold the power to issue orders to the state governor. On July 25th, 2019 she was granted with 30-day parole by the Madras High court with the view of attending her daughter's wedding.

Nalini Murugan comes out of the prison after granted with a parole by the Madras High court, July 2019


After hearing her plea, the High court bench comprises of Justices Subbiah and Pongiappan had issued a notice to the Additional Public Prosecutor and adjourned the hearing to January 7th, 2020.