Madras HC rejects Nalini's release plea

Court says nature of her offence not same as other convicts, so she can not be treated on a par

PTI | April 6, 2010



The Madras High Court on Tuesday dismissed a plea of Nalini, a life convict in the Rajiv Gandhi assassination case, seeking premature release under the general amnesty scheme.

Rejecting her petition, a division bench comprising Justices Elipe Dharma Raj and K K Sasidharan observed that 44-year-old Nalini had committed the crime in a cunning and meticulous manner which killed the former Prime Minister in Sriperumbudur on May 21, 1991.

"So she cannot seek premature release as a right, though she does have the right to seek consideration of her plea," the bench said.

"She had committed a crime which was cunnning in conception, meticulous in plans and reckless in execution, taking away the life of the former prime minister," the judges held.

In 2008, the High Court had rejected Nalini's plea for release on the ground that her case was investigated by CBI under 435 of CrPC, which says all cases probed by the central agency cannot be decided by the state without consulting the central government.

Nalini had filed her appeal contending that the governor had powers under Article 161 of the Constitution, which the court today rejected.

She had filed the plea for her premature release in 2006, when 421 prisoners were released by the governor exercising his powers under Article 161, contending she had already served 14 years in prison and was eligible for release.

The bench today held that the governor had then exercised the powers granted to him under Article 161 judiciously.

Nalini had argued that just because CBI investigated her case, her plea for premature release was rejected.

Noting that the nature of offence also played a major role in considering a case of premature release, the court said she could not claim equality with other life convicts.

Comments

 

Other News

Mofussils: Musings from the Margins

Provincials: Postcards from the Peripheries By Sumana Roy Aleph Book Company, 320 pages, Rs 899 Sumana Roy’s latest work, like its p

How to promote local participation in knowledge sharing

Knowledge is a powerful weapon to help people and improve their lives. Knowledge provides the tools to understand society, solve problems, and empower people to overcome challenges and experience personal growth. Limited sources were available to attain information on the events in and arou

‘The Civil Servant and Super Cop: Modesty, Security and the State in Punjab’

Punjabi Centuries: Tracing Histories of Punjab Edited by Anshu Malhotra Orient BlackSwan, 404 pages, Rs. 2,150

What really happened in ‘The Scam That Shook a Nation’?

The Scam That Shook a Nation By Prakash Patra and Rasheed Kidwai HarperCollins, 276 pages, Rs 399 The 1970s were a

Report of India’s G20 Task Force on Digital Public Infrastructure released

The final ‘Report of India’s G20 Task Force on Digital Public Infrastructure’ by ‘India’s G20 Task Force on Digital Public Infrastructure for Economic Transformation, Financial Inclusion and Development’ was released in New Delhi on Monday. The Task Force was led by the

How the Great War of Mahabharata was actually a world war

Mahabharata: A World War By Gaurang Damani Sanganak Prakashan, 317 pages, Rs 300 Gaurang Damani, a Mumbai-based el

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter