Debangana Ray
Published on June 30, 2022 at 19:31 IST
After the Tamil Nadu department filed a petition to remove certain observation made towards the TN Advocate General, the Madras HC modified its order rejecting a petition by Nalini, one of the seven convicts in Rajiv Gandhi assassination case for premature release without the consent of the governor.
The Home Secretary stated that the premature release fell within Article 161 of the Constitution and was exclusive domain of the State Government.
Therefore, the governor has the power to remit the sentence of life imprisonment based on the Cabinet resolution dated September 9, 2018.
The contention, however, was recorded as if the reference made by the Governor to the President was correct and Governor had rightly done it, he pointed out.
Another contentious point, related to the conviction of Nalini under Section 302 of the IPC and other Acts.
The Home Secretary said no such submission had been made on behalf of the department and the same had been recorded inadvertently.
He sought the removal of the observations from the order.
The First Bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala modified the order as appealed for.