Nalini Sriharan, Rajiv Gandhi Assassination Convict, Denied Early Release

Chennai: 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 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.