Nalini and Ravichandran have approached the top court seeking release.
The Tamil Nadu government on Thursday in the Supreme Court recommended the pre-mature release of Nalini Sriharan and RP Ravichandran, convicts who are serving life imprisonment in connection with the assassination of former Prime Minister Rajiv Gandhi.
Tamil Nadu government in its affidavit said that its 2018 aid and advice for the remission of their life sentence is binding upon the Governor.
Nalini and Ravichandran have approached the top court seeking release from the prison-like fellow convict AG Perarivalan.
Tamil Nadu government said that in the cabinet meeting held on September 9, 2018, it had considered mercy petitions of seven convicts in the Rajiv Gandhi assassination case and resolved to recommend the Governor for the remission of their life sentences invoking the power granted under Article 161 of the Constitution.
It said, "The said recommendation in respect of seven life convict petitioners was sent to the then governor of Tamil Nadu individually for approval on September 11 and the same was pending with his office since then."
The law relating to the power of the Governor under Article 161 of the Constitution and the power of the state government in dealing with the offences (302 of IPC) falls within the exclusive domain of the state government and is also well settled, said Tamil Nadu.
The state government said that it is the competent authority to take a decision on the petition filed by Nalini and Ravichandran under Article 161 of the Constitution and "the decision of the state cabinet dated September 9, 2018, thereon is final and it can be exercised by Governor of Tamil Nadu as per the aid and advice of the cabinet".
The recommendation of the state government remitting the life sentence of the petitioner was sent to the Governor of Tamil Nadu for approval on September 11, 2018, and the same was kept pending with his office for more than two and half years and the recommendation was finally forwarded by the Governor to the President on January 27, 2021, and it still remains undecided for the past one year and nine months, it said.
Nalini and Ravichandran had approached the Supreme Court citing the judgment of the top court in the case of co-convict AG Perarivalan where he was released.
Earlier, both had knocked the Madras High Court seeking the same relief, however, the High Court had refused to entertain the petition.
The Madras High Court while turning down the petition had stated that it did not have special powers that the Supreme Court has under Article 142 of the Constitution. Hence, it cannot order their release, as the Supreme Court did for Perarivalan in May 2022.
The High Court had said they could approach the Supreme Court if their plea were based on Perarivalan's release.
Ravichandran, who has been in jail for 30 years now, sought interim bail until his case for formal release reached a conclusion.
On May 18, the Supreme Court evoked its extraordinary powers under Article 142 of the Constitution to release AG Perarivalan, who was one of the seven convicts in the assassination case.
Following Perarivalan's release, Ravichandran sent a letter to Chief Minister MK Stalin seeking the release of the remaining six convicts, including him and mentioned that the Governor has kept the files of release without consideration for over three years which he condemns as an anti-constitutional approach.
Deciding Perarivalan's plea for premature release from jail based on the recommendation made by the Tamil Nadu government in September 2018, the top court ordered his release, while the six other convicts remain in jail.
Gandhi was assassinated on the night of May 21, 1991, at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at a poll rally.
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