Nalini’s premature release kicks up dust storm again

Following the government-constituted Advisory Board meeting the prisoner Nalini Sriharan on Wednesday to consider her plea for premature release from the life sentence she has been serving in Vellore prison for her role in Rajiv Gandhi assassination, her release seems to be certain.

While Nalini’s counsel S. Doraisamy is hopeful that she will be released at least this time, there has been a lot of objections from political parties. But Nalini has to cross many hurdles before she finds her release, it seems.

The government constituted board, headed by District Collector C Rajendran, had met for over three hours and heard Nalini on her plea at Vellore women’s prison, where she is lodged for nearly 19 years now.

Mr. Rajendran told media persons that board members have to sit and prepare the report and would send in a few days. However, it was for the State government to decide on its recommendations, he said.

According to the jail memorandum, there are some criteria for consideration of early release of prisoners. The board also heard the pleas of two other convicts in the case, Jayakumar and Robert Payas, seeking premature release, at the men’s prison, he said.

District Superintendent of Police, Shekhar, District Judge Kalaiarasan, Regional Probational Officer of Prisons, Krishnamma Namagiri and Lecturer from Academy of Prisons and Correctional Activities, Julie, are the other board members.

Dr Swami challenges her release

Janata Party president Subramanian Swamy, who is against Nalini’s release, said the matter cannot be easily disposed of by just an Advisory Board. ‘There are many more stages to go through and I will fight each and every stage in the memory of Rajiv Gandhi’.

He made a plea in the Madras Court seeking it to direct the Advisory Board to inform him before taking any decision with regard to Nalini’s petition for release. “I am one of the parties that has to be heard before orders are passed. I had gone to court last time and the State government was then forced to take a stand against her release,” he added.

The Janata Party president met Tamil Nadu Governor Surjit Singh Barnala on Thursday and urged him not to sign any recommendation of the State government for freeing Nalini Sriharan, a life convict in the Rajiv Gandhi assassination case.

Dr. Swamy told the Governor that the issue pertaining to premature release of Nalini was still pending before the Madras High Court, and any decision on the issue would amount to contempt of court.

Later speaking to media persons, Dr. Swamy said that he came to know from a section of the media that the review board had reportedly decided to release Nalini.

He said that he had mentioned before the bench comprising Chief Justice H.L. Gokhale and K.K. Sasidharan that any decision of the board would render infructuous his appeal against the single judge order to the State government to reconstitute the board to decide the case of Nalini.

He said the constitution of the board itself was illegal. He planned to move for restoration of death penalty for Nalini. He said the State government had earlier said that it would oppose the premature release, now it cannot go back on its stand.

Elangovan voices for TN Congress cadres

Meanwhile, TNCC president K V Thangkabalu said he would not comment on the issue unless he got an official version of it. He refused to comment when asked whether the Congress would favour Nalini’s release on humanitarian grounds.

Former Union Minister E.V.K.S. Elangovan on Thurs

day became the voice of Tamil Nadu Congress cadres, cutting across factional differences, registering his outright opposition of the premature release of convict Nalini Sriharan.

He urged the government not to show lenience. “Showing lenience towards her should be treated as showing lenience towards terrorism,” he said.

“Nalini is not an individual, she belongs to an organised terror group that murdered a Prime Minister of India,” the former TNCC president said adding that, “either be stubborn and curtail terrorism or abet terrorism.” The government should take this view into consideration before deciding on her (premature) release,” he said, apparently, sending a strong message to the ruling DMK on the sensitive issue.

If the party chief Sonia Gandhi, who had earlier recommended the clemency petition of the former prime minister’s murderer, welcomes Nalini’s premature release now, would the state Congress agree he was asked. Elangovan said, “Madam has a big heart, but I am an ordinary person.” Not a single party cadre in a crowded party office would buy the idea that Nalini deserved a premature release. And no true Congressman would welcome their leader’s murder, he said.

BJP sounds caution

BJP today suggested a cautious approach as the matter involved a former Prime Minister.

"We don't support this move (to release Nalini). We want a cautious approach. After all, the matter involves the assassination of a former Prime Minister," BJP spokesperson Ravi Shankar Prasad said.

Nalini, arrested on 14 June 1991, who was pregnant at the time of Gandhi's assassination, was sentenced to death by a special court along with 25 others in January 1998. But in May 1999, the Supreme Court confirmed the death sentence of only four including Nalini. The State government, reportedly at the behest of Congress President Sonia Gandhi, by an 24 April, 2000 order, had commuted the death penalty to life imprisonment after the then Governor allowed her clemency petition.

On 11 September last, Nalini, who had then served over 18 years in Vellore prison, had filed a petition in the Madras High Court, seeking her premature release. She had contended that she was required to serve 14 years of imprisonment to be entitled for premature release under Sec 433(a) of CrPC, which she completed on 18 June, 2005.

In her petition in the High Court, she had sought a direction to the government to constitute an advisory board in accordance with law to take a decision on her premature release in the light of the Court orders.

Rajiv Gandhi was killed by a suicide bomber in Sriperumubudur on 21 May, 1991.

- Asian Tribune -