The Madras high court on Wednesday declined to direct the Tamil Nadu Governor to consider the premature release of Nalini Sriharan, a life convict in the Rajiv Gandhi assassination case, but said home secretary of the state could consider her representation for early release, subject to the outcome of the Supreme Court judgment in the matter.
Justice M. Sathyanarayan disposed off her petition by refusing to direct the Tamil Nadu Governor Konjeti Rosaiah to consider the premature release but said the state’s home secretary could consider her representation for early release, subject to the outcome of the Supreme Court judgement in the matter.
The Judge also said the court cannot issue a direction to the state Governor to perform his constitutional function in a particular manner.
“In the light of the fact that the investigation (in the case) was conducted by CBI coupled with the July 9, 2014 order of the Supreme Court, this court for the present cannot direct the state government to consider the representation of the petitioner. In the considered opinion of the court, unless and until the writ petition which is pending before the Supreme Court reaches finality, the prayer sought for by the petitioner cannot be granted,” he said in the order.
Seeking premature release under Article 161 of the Constitution, which empowers the Governor of a State to grant pardon or remission of punishment, Nalini had submitted that she had spent 25 years in jail though the legal requirement was only 20 years to be eligible for early release.
In its counter, the state government had informed the court that it was yet to take a decision on Nalini’s premature release since her case with other co-convicts was pending before the Supreme Court.
In July 2014, the apex court had restrained the state government from offering remission to the seven life convicts on a petition by the Centre.
The Jayalalithaa government is for the release of those convicted in the assassination case. Before the Lok Sabha elections, on February 19, 2014, wrote to the Union Home Ministry seeking its views on the proposal to release of all seven life convicts pointing out that since the case was probed by a central agency, the state government is obliged to consult the Centre in the case of premature release of convicts. The Centre, however, moved the Supreme Court to quash Tamil Nadu government’s proposal. The apex court in July 2014 restrained the state government from offering remission to life convicts. On December 2, 2015, the apex court ruled that the term ‘consultation’ found in Section 435(1) of CrPC implied ‘concurrence’ and kept the case pending for final disposal.
