Chennai: Undeterred by the Supreme Court's recent verdict against premature release of seven convicts serving life term in the Rajiv Gandhi assassination case, Nalini Sriharan has sought to move the governor for early freedom. The 48-year-old is at present serving her 24th year in custody after her arrest in 1991. Rajiv Gandhi was assassinated on May 21, 1991.
Last week, the apex court set aside the Tamil Nadu government's move to invoke provisions of the Code of Criminal Procedure to release the convicts, saying the Centre enjoyed primacy in deciding premature release of people convicted in a case involving central agency or laws. In her present bid she has knocked the Madras high court doors by invoking Article 161 of the Constitution, under which a state governor can grant pardon and offer release, acting on the advice of a state cabinet.
Justice M M Sundresh, before whom Nalini's writ petition came up for hearing, has asked the state police and jail authorities to obtain instructions from the government. He said the matter would be heard after Christmas recess of the high court.
Convicted for conspiracy, Nalini was originally sentenced to death along with her husband Sriharan alias Murugan and two others. It was also confirmed by the Supreme Court on May 11, 1999. However, the death sentence was commuted into imprisonment for life by Tamil Nadu government which invoked Article 161 of the Constitution. The then governor consented for the decision on April 24, 2000. She, therefore, was being treated as a life convict from January 28, 1998.
Pointing out that ever since she became a life convict in April 2000, a total of about 2,200 life convicts had been prematurely released by Tamil Nadu government, Nalini's counsel Pugalenthi said many had been released after completing even seven and half years in custody.
When the matter was taken up for hearing, counsel M Radhakrishnan argued that as per a November 10, 1994 government order, life convicts who had completed 20 years of actual imprisonment could be released on humanitarian grounds. By an order, the government released a life convict who had been sentenced for the offence of rape and murder.
