Wanna get our awesome news?
We will send you weekly news & updates. Isn't that cool?
Subscribe!

Actually we will not spam you and keep your personal data secure

Wanna get our awesome news?
We will send you emails only several times per week. Isn't that cool?
Subscribe!

Actually we will not spam you and keep your personal data secure

Fri, 23 Aug 2019

Northeast Today

Nalini Sriharan, Rajiv Gandhi Assassination Convict, Denied Early Release

Nalini Sriharan, Rajiv Gandhi Assassination Convict, Denied Early Release
July 18
13:41 2019

NET Bureau

The Madras High Court Thursday dismissed a petition filed by Nalini Sriharan, a life convict in the Rajiv Gandhi assassination case, seeking a direction to the Tamil Nadu Governor for her premature release.

A division bench comprising Justices R Subbaiah and C Saravanan held that Article 361 of the Constitution insulated the Governor of a state from being questioned or answerable before any court with respect to discharge his official duties.

Quoting Supreme Court verdicts, the bench said the law gives complete immunity and privilege to the Governor in the discharge of his Constitutional obligations.

Therefore, questioning the discharge of the act of a Governor or failure to discharge his Constitutional obligations cannot be subjected to judicial review under Article 226 of the Constitution by arraying the Governor as a party to the writ proceedings, the bench said.

In this case, even arguing that the Governor did not take into account the advice given by the council of ministers will not be a ground for the petitioner to approach the court contending that the fundamental rights guaranteed under the Constitution have been infringed, it said.

“The privilege and immunity conferred on the Governor under Art 361 is a clear bar on the petitioner to file the present petition. The Governor cannot be equated with the instrumentalities under Article 12 of the Constitution who are amenable to the jurisdiction of this court through a writ petition,” the bench said in its order.

The bench had on July 12 reserved orders on the petition after hearing arguments during which the counsel for Nalini had contended that a direction can be given by the court to the Governor.

Source: NDTV

Tags
Share

Related Articles

0 Comments