TN Government rejects Nalini’s premature release request-- AG informs HC

The Tamil Nadu government has rejected the request for premature release filed by Nalini, a life convict in the Rajiv Gandhi assassination case.

Advocate-General (AG) P.S. Raman, in his submission to the Division Bench of the Madras High Court comprising Elipe Dharma Rao and K. K. Sasidharan, on Monday, said the Prison Advisory Board (PAB) had submitted its report rejecting the appeal on eight grounds. The government had decided to accept the Board's request, he said. "On March 24, the state govenment issued a GO (Government Order) in this regard accordingly", the AG submitted.

The bench was hearing a petition by Janata Party President Dr Subramanian Swamy challenging a September 2008 order by a single judge directing the State government to constitute the advisory board to consider the release of Nalini, who is in prison for the last 19 years.

The court on March 11 had asked the State government to take a decision within two weeks on her plea after the AG submitted that the PAB’s report was being examined.

Nalini was sentenced to death by a special court along with 25 others in January 1998 and the Supreme Court had confirmed the capital punishment for her and three others.

However, her death penalty was commuted to life by the State government on April 24, 2000 allowing her clemency petition. Congress president Sonia Gandhi had favoured reduction of her punishment considering the plight of Nalini’s young daughter.

An earlier plea by Nalini for premature release was rejected by authorities in October 2007.
Dr. Swamy's reaction.

''The martyrdom of Rajiv Gandhi has won today'', Janata Party President Subramanian Swamy, who had opposed early release of Nalini by impleading in the case filed by her, told 'Asian Tribune' on the Tamil Nadu Government's rejection of her plea on Monday.

Further he said the rejection by the Division Bench of Madras High Court the plea of Nalini, a life convict in the Rajiv Gandhi assassination, seeking early release, was a vindication of the dictum that the Constitution was above all.

''The rejection of Nalini's plea is a vindication of the dictum that the Constitution is above all, even above dynasties. India is thus a nation of Laws and not ruled by any family and its firmans'', he added..

Dr Swamy said though it was on his writ petition, opposing the pre-mature release of Nalini, that she had lost, ''it is more important to remember that it is the martyrdom of Rajiv Gandhi which has won today, despite his immediate family abandoning him citing humanitarian concerns''.

Observing that Godse and Satwant Singh were not shown any such mercy, Dr Swamy said the nation has a right to ask AICC President Sonia Gandhi, the widow of Rajiv Gandhi, the hidden reason for abandoning the memory of Rajiv.

- Asian Tribune -