Denial of parole unsustainable in law, says Rajiv Gandhi case convict Nalini Sriharan

The state government's counter affidavit filed by deputy home secretary last month has said Nalini was not eligible for grant of ordinary leave as per Tamil Nadu Suspension of Sentence Rules 1982 and Section 435 of Code of Criminal Procedure 1973.

By: PTI | Chennai | Published: December 7, 2017 9:27 pm
Denial of parole unsustainable in law, says Rajiv Gandhi case convict Madras High Court. (File/Photo)

Rajiv Gandhi assassination case life convict Nalini Sriharan on Thursday contended in the Madras High Court that the denial of parole to her by the Tamil Nadu government was “unsustainable in law” as it had three years ago decided to release her prematurely. She made the submission in a rejoinder to the counter affidavit filed by the state government on her plea seeking parole for a period of six months to make arrangements for her daughter’s marriage.

The government has opposed her plea, saying in the event of grant of parole, she might escape from lawful custody.

In her present submissions, Nalini said the state government had in 2014 decided to release her from the prison prematurely. The decision was, however, deferred only because it was stayed by the Supreme Court.

“While the fact being so, the same government now denying me parole is unsustainable by law,” she contended.

Pointing out that her co-convict A G Perarivalan was granted parole for two months recently, Nalini said she would need at least six months of leave for her daughter’s wedding.

The state government’s counter affidavit filed by the deputy home secretary last month has said Nalini was not eligible for grant of ordinary leave as per the Tamil Nadu Suspension of Sentence Rules 1982 and Section 435 of the Code of Criminal Procedure 1973.

Nalini has been lodged in a special prison for women in Vellore for more than 26 years since her arrest in connection with the assassination of former prime minister Rajiv Gandhi at Sriperumpudur by an LTTE suicide bomber on May 21, 1991, during an election rally.

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