Rajiv Gandhi assassination: Convict Nalini knocks on SC’s door, challenges this order of Madras High Court

New Delhi: Nalini Sriharan, who is serving a life sentence in the Rajiv Gandhi assassination case, has approached the Supreme Court seeking her premature release. Nalini Sriharan has challenged the June 17 order of the Madras High Court in the Supreme Court. The High Court had dismissed the petitions of former prime minister Rajiv Gandhi assassination convict Nalini and Ravichandran, seeking an order for their release without the concurrence of the state governor.

The court, while dismissing the petitions, said that the High Courts do not have the power under Article 226 of the Constitution, as the Supreme Court has under Article 142 of the Constitution. Exercising extraordinary powers under Article 142 of the Constitution, the Supreme Court had on May 18 ordered the release of AG Perarivalan, who has been sentenced to over 30 years in prison in the Rajiv Gandhi assassination case.

The issue was raised by all the seven convicts.
The court had said that the advice of the Tamil Nadu state cabinet recommending the premature release of all the seven convicts in the case was binding on the governor. Article 142 of the Constitution deals with the power of the Supreme Court to exercise its jurisdiction and pass orders to do complete justice in any case or cases pending before it.

Nalini’s sentence was commuted to life imprisonment in 2001
Rajiv Gandhi was killed by a female suicide bomber who detonated herself during an election rally in Sriperumbudur, Tamil Nadu on May 21, 1991. The attacker was identified as Dhanu. The court in its May 1999 order had upheld the death sentence awarded to the four convicts Perarivalan, Murugan, Santhan and Nalini. The apex court had in 2014 commuted the death sentences of Perarivalan, Santhan and Murugan to life imprisonment. Nalini’s sentence was commuted to life imprisonment in 2001.