Chennai: The Madras High Court On Friday, the Tamil Nadu government refused to direct the release Rajiv Gandhi Convicted of life imprisonment in murder case pipe And ravichandran without waiting for the assent of the Governor.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the order while dismissing the petitions of Nalini and Ravichandran.
The bench said that the High Court does not have special powers under Article 142 of the Constitution.
On May 18, the Supreme Court ordered AG. ordered to release perarivalan – One more life sentence in the case.
According to the petitioners, they were justified in seeking such relief as the Supreme Court has categorically stated that the Governor is bound by the recommendations of the state cabinet in Perarivalan’s case.
“We are only seeking a direction to the state government to release us without waiting for the governor’s nod,” he said.
He said that in the findings made on the Perarivalan case, the Supreme Court has clearly stated that the Governor is bound by the decision of the State Cabinet.
Representing the state, Advocate General R Shunmugasundaram submitted that the apex court while interpreting the powers of the Governor in the judgment has made it clear that the assent of the Governor is necessary.
However, the High Court is empowered to consider the issue.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the order while dismissing the petitions of Nalini and Ravichandran.
The bench said that the High Court does not have special powers under Article 142 of the Constitution.
On May 18, the Supreme Court ordered AG. ordered to release perarivalan – One more life sentence in the case.
According to the petitioners, they were justified in seeking such relief as the Supreme Court has categorically stated that the Governor is bound by the recommendations of the state cabinet in Perarivalan’s case.
“We are only seeking a direction to the state government to release us without waiting for the governor’s nod,” he said.
He said that in the findings made on the Perarivalan case, the Supreme Court has clearly stated that the Governor is bound by the decision of the State Cabinet.
Representing the state, Advocate General R Shunmugasundaram submitted that the apex court while interpreting the powers of the Governor in the judgment has made it clear that the assent of the Governor is necessary.
However, the High Court is empowered to consider the issue.