How can a court give bail to a convict, Madras HC asks counsel of Rajiv Gandhi assassination lifer Nalini – Times of India

CHENNAI: The Madras high court on Tuesday wondered under which law the court can grant bail to S Nalini, a life conduct in the Rajiv Gandhi assassination case.
“How can a court give bail to a convict,” the first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy asked M Radhakrishnan, counsel for Nalini.
As the petitioner pointed out that the Supreme Court had already granted bail to a co-convict (AG Perarivalan), the bench said, “The Supreme Court is supreme, but we (HC) cannot pass such orders. You better move the SC.”
To this, Radhakrishnan submitted that the Supreme Court had held that convicts could be granted bail during the pendency of mercy petition.
Recording the same, the court adjourned the hearing to March 24 for the counsel to produce a copy of the Supreme Court judgement.
Originally, Nalini approached the high court seeking to declare that the failure on the part of the governor of Tamil Nadu to act in accordance with the advice of the council of ministers dated September 9, 2018 recommending premature release of the petitioner as unconstitutional.
Consequently, she wanted the court to direct the state home department to release her from incarceration immediately without the approval of the governor.
While the case is pending disposal, she has moved the present sub application seeking to release her on bail.