Chennai: The Madras High Court on Tuesday issued
notice to the Tamil Nadu government on a petition filed by
Nalini, a life convict in the Rajiv Gandhi assassination case,
who has sought premature release.
The notice, returnable in two weeks, was issued by Justice
P Jyothimani.
In her petition, Nalini, who has served over 18 years in
Vellore prison, claimed she was required to complete 14 years
of imprisonment to be entitled for premature release under
Section 433(A) of CrPC. Since June 18, 2005 she has been
entitled for premature release, she contended.
She submitted that after she did not figure in the list of
names for premature release in 2007, she had requested the
state government to consider her name. However, this was
rejected, after which she petitioned the High Court, which in
its order on September 24 2008, had set aside the rejection
order and told the government to reconsider her request.
A year had passed since that order and the government was
still to constitute a fresh advisory board and take a decision
on her plea for early release, she said.
Nalini and three others were first awarded the death
penalty.
She contended that the Governor had allowed a petition for
clemency. On April 24, 2000 the state government issued an
order, commuting the death penalty to life imprisonment.
She sought a direction to the government to constitute an
advisory board in accordance with law and take a decision on
her premature release in the light of the High Court orders.
She also sought immediate release from jail, pending disposal
of her petition.
Bureau Report
