Chennai: Refusing to give up even after the Apex Court recently dismissed their plea for premature release in the Rajiv Gandhi Assassination case, Nalini Sriharan, one of the convicts in the case has sought to take the Governor’s route for early freedom.
The 48-year-old is at present serving her 24th year in custody after her arrest in 1991 for killing former prime minister Rajiv Gandhi 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 (CrPC) 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, as per which a state governor can grant pardon and offer release, acting on the advice of a state cabinet.
“I state that I am eligible to be considered for premature release under the scheme since I have already completed more than 20 years of actual imprisonment,” Nalini said in her petition, adding that Tamil Nadu government had not taken any decision on her representation dated February 22, 2014 requesting premature release for her.
Justice M M Sundresh, before whom Nalini Sriharan’s writ petition came up for hearing on Tuesday, 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 dated July 29, 2011, the government released a life convict who had been sentenced for the offence of rape and murder.
