Tuesday, October 27, 2020
Want create site? Find Free WordPress Themes and plugins.

Madras High Court dismisses plea seeking Tamil Nadu Governor’s removal for not releasing Rajiv Gandhi’s assassins

Want create site? Find Free WordPress Themes and plugins.

The Madras High Court on Friday dismissed a petition seeking its direction to the Centre to remove Tamil Nadu Governor Banwarilal Purohit for not acting upon the recommendation of the State Cabinet to release the seven convicts in the assassination case of former Prime Minister Rajiv Gandhi.

The bench of Justices M Sathyanarayanan and R Hemalatha held the public interest litigation filed by M Kannadasan as not maintainable. The court said that though the decision of the governor is open to judicial review, the scope is limited.

The Tamil Nadu council of ministers had advised the Governor through a resolution dated September 9, 2018 for the premature release of the seven life convicts. Despite a lapse of more than 15 months, the Governor has yet not passed any order for their release, said the petitioner contending that this amounted to a violation of the Constitution.

The Bench recorded that the petitioner, who is associated with the Thanthai Periyar Dravidar Kazhagam, a non-political organisation, had insisted upon the removal of the Governor on grounds of arbitrariness, mala fide and partisan attitude, “for the reason that he was a member of a particular political party and a sympathiser of an organisation.”

However, according to Article 156 of the Constitution, the Governor’s tenure continues during the pleasure of the President, or five years, and until his successor assumes office. The grounds of arbitrariness, mala fides and partisan attitude towards a political party must be shown prima facie with materials to the court showing good and compelling reasons for the office of the President to withdraw its pleasure.

One of the seven convicts, Nalini Sriharan, had previously filed a writ petition in Madras High Court based on the same Cabinet recommendation for her release.

A bench of Justices R. Subbiah and C. Saravanan had held that the court has no authority to direct the Governor to take action on a Cabinet recommendation. It was held in that case that according to Article 361 of the Constitution, the Governor cannot be made answerable in any court of law with respect to the discharge of his duties.

Based on the same principle, Justice M. Sathyanarayanan held that the Governor cannot be sacked from his office.

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Supreme Court seeks opinion of high courts on Draft Rules for Criminal Practice

New Delhi (ILNS): The Supreme Court of India today sought response from all the High Courts on ‘Draft Rules Of Criminal Practice’ in a suo moto matter with regards to the inadequacies and inefficiencies in the criminal trial system.

Delhi court set aside order summoning Haryana MLA, businessman in suicide case

Delhi’s Rohini Court has set aside an order summoning Haryana MLA and businessman Gopal Goyal Kanda and his former associate Aruna Chadha in the Abetment to suicide case of flight attendant Geetika Sharma’s mother.

Case of neglected typist: Jharkhand High Court rules for equal pay when work delivered is equal

The Jharkhand High Court has said that equal pay in lieu of equal work is not a fundamental right, but looking at the Directive Principles of State Policy it appears to be a fundamental right. For this reason, the demand for equal pay in lieu of equal work cannot be considered unnecessary.

Centre notifies Jammu and Kashmir, Ladakh land laws, removes restriction on purchase of land

In the latest development, the MHA has notified land laws paving the way for Indian citizens to buy land in Jammu and Kashmir and Ladakh. The ministry in a statement stated that the order will be called Union Territory of Jammu and Kashmir Reorganization (Adaptation of Central Laws) Third Order, 2020.

Supreme Court rejects non-specific plea on farm acts

The Supreme Court has dismissed a plea seeking the implementation of the three farm acts and framing strict guidelines against the agitation and procession by political parties.
Did you find apk for android? You can find new Free Android Games and apps.