JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration declaring that the failure of the Governor of Tamil Nadu to Act in accordance with the advice of the Council of Ministers of the State of Tamil Nadu dated 9.9.2018 under Article 161 of the Constitution of India recommending release of the petitioner from prison is unconstitutional and consequently directing respondent No.1 to release the petitioner from prison immediately without the approval of the Governor of Tamil Nadu.)

Munishwar Nath Bhandari, J.

1. This petition has been filed seeking release of the petitioner, in view of the recommendation of the Council of Ministers dated 9.9.2018 for remission.

2. The petitioner is a convict in the criminal case registered for the assassination of Mr.Rajiv Gandhi, former Prime Minister of India, on the night of 21.5.1991 along with 15 others, including 9 police personnel. During the course of occurrence, 43 persons suffered grievous or simple injuries. The petitioner and other accused were sentenced to death by the Presiding Ju