The High Court of Madras on Friday directed the Tamil Nadu government to respond to the writ petition filed by the Rajiv Gandhi assassination convict S. Nalini to release her from prison without a nod from the Governor.

 In her petition, Nalini pleaded the court to declare as unconstitutional, the Governor's 'failure' to release her by acting upon a recommendation made by the state cabinet on September 9, 2018, in favour of all live convicts in the assassination of former Prime Minister Rajiv Gandhi. Advocate M. Radhakrishnan appearing for Nalini contended that the Governor is bound to act as per the directive of the state cabinet and not vice versa. The first bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice P.D. Adikesvalu ordered the state government to file a counter-affidavit after the Dusshera holidays.

Nalini has in an affidavit filed through her counsel sought a direction to the state government to release her without waiting for the nod of the Governor. In her petition, Nalini said that she was originally sentenced to a death sentence by the trial court on January 28, 1998, and the Supreme court had also confirmed the death penalty on May 11, 1999. She said that her death penalty was commuted to life sentence under Article 161 that gives the Governor power to suspend, remit or commute sentences. She said that her death penalty was commuted to life sentence on April 24, 2000. She contended that around 3,800 convicts, who had served ten-year prison terms, were released under Article 161 for their good conduct and added that she became eligible for such a premature release in 2001 itself, but, still she was not released.

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