Chennai, Apr 23 (UNI) The Madras High Court on Monday reserved orders on
a plea filed by S Nalini, one of the life convicts in the Rajiv Gandhi assassination
case, seeking premature release.
When her appeal came up for hearing, a Division Bench comprising Justices
K K Sasidharan and R Subramanian reserved their orders to April 27.
During the earlier hearing on April 12, the Court directed the Tamil Nadu
government to clarify whether a Governor under Article 161 of Constitution
has to consult the Centre over premature release of convicts in cases handled
by central agencies and posted the matter to today.
After the Tamil Nadu government filed a petition in the Court today, the Bench
reserved its orders to April 27.
Nalini had filed the appeal against the 2016 order of Justice M Sathyanarayanan
rejecting her prayer for premature release under a 1994 state government scheme
under Art 161 (powers of Governor to grant pardon).
As per the scheme, life convicts who had served 20 years of prison term were
eligible for pre-mature release.
The state government had opposed her plea citing pendency of a case in the
Supreme Court.
The apex court in its order on the matter in March 2016 had clearly stated that
for pre-mature release under CrPc section 435, the Centre's concurrence was
required in cases handled by the central agencies like CBI.
Nalini's counsel had argued that her plea did not fall under Sec 435 of CrpC
and it was under Art 161. Hence there was no need to consult the Centre for
her release.
Following this, the Bench directed the state government to respond to the
question as to whether the governor under Article 161 has to consult the
Union government for premature release.
UNI GV 2003