Decide within two weeks on Nalini's release: HC directs State Government

The Madras High Court(HC) on Thursday asked the Tamil Nadu government to take a decision within two weeks on a plea for the release by Nalini, who is serving a life term in the Rajiv Gandhi assassination case.

According to the direction by the division bench of the HC, Advocate General P S Raman submitted a two page operative portion of the advisory panel report to the judges.

After going through the report, the judges directed the government to take a decision on the report of the Prison Advisory Board (PAB) on the pleas of Nalini and two other convicts. Advocate General sought time to furnish the government's decision on the report of PAB.

A G Raman told the bench comprising justices Elipe Dharma Rao and K.K. Sasidharan that the PAB’s report was being examined by the government.

“It is advisory in nature and not binding on government. It is being studied by the highest level of the government,” Raman said after handing over a copy of the report in a sealed cover to the bench.

The Bench is hearing a petition filed by Janata Party president Dr. Subramanian Swamy challenging a September 2008 order by a single judge directing that the state government constitute an advisory board to consider the release of Nalini, who is in prison for the last 19 years.

Noting that he was not aware of the contents of the report, Raman said if the court wanted, it could give a direction to the government to give its decision on the report within two weeks.

“Having created hope, once it is decided, doesn’t delay,” the Bench said.

Raman assured the court that the moment the government took a decision on the report, he would inform the court, even if it were before two weeks.

According to reliable sources in the government, the Prsion Advisory Board recommended for premature release of Nalini and two others.

The bench posted the petition for further hearing to March 29.

The court had on Wedneday rejected a government plea for two-week adjournment as it “just received the report” and directed that the PAB report be produced before it.

In January, the board had heard the pleas of Nalini and two other convicts Jayakumar and Robert Payas, seeking premature release.

The earlier plea of Nalini, sentenced to death by a special court along with 25 others in January 1998, for premature release was rejected by authorities in October 2007.

The Supreme Court had confirmed the capital punishment of Nalini and three others. However, her death penalty was commuted to life by the state government on the request made by Ms Sonia Gandhi who is widow of Rajiv Gandhi on April 24, 2000 allowing a clemency petition.

Chief Minister M. Karunanidhi had already made it clear that any decision on the plea would be taken only in consultation with the Centre.

- Asian Tribune -