HC dismisses Rajiv case convict Nalini's plea for release

The Madras High Court has dismissed a petition by Nalini, a life convict in the former Prime Minister Rajiv Gandhi assassination case, seeking premature release. Her petition was based on a Tamil Nadu cabinet decision. The HC observed that the state governor's consent was mandatory to give effect to it. The Supreme Court has held that under Article 161, it is obligatory that the signature of the Governor is mandatory to authorise the pardon, commutation or release, the court said. A bench rejected the arguments of Nalini's counsel that the Governor's approval was not necessary and the petitioner can be released on the basis of the advice given by the cabinet. Nalini has filed the habeas corpus petition contending that since the Tamil Nadu Governor had failed to order her release based on the recommendation of the state cabinet, she was in illegal detention.